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Based on our findings, the chart looks like this:
Weighs for Relief Neutral Weighs against
Relief
No knowledge of
the embezzled
funds at the time
the original
return was filed
No economic hardship
No significant
benefit
Later compliance with
Federal tax laws
Liability
attributable to
nonrequesting
spouse.
No divorce decree
Still married
No abuse present
Thus, of the eight factors described in the revenue
procedure, three weigh toward relief, five are neutral, and only
one weighs against relief. David’s mere lack of economic
hardship being too thin a justification for denying him relief,
we conclude that the Commissioner abused his discretion in
denying David relief, and
Decision will be entered
for petitioner.
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Last modified: November 10, 2007