- 12 - full or partial equitable relief under section 6015(f). As Rev. Proc. 2003-61, sec. 4.03, makes clear, no single factor is determinative in any particular case, all factors are to be considered and weighed appropriately, and the listing of factors is not intended to be exclusive. Rev. Proc. 2003-61, sec. 4.03(2)(a), 2003-2 C.B. at 298-299, lists the following factors that the Commissioner will weigh in determining whether to grant equitable relief: (i) Marital status. Whether the requesting spouse is separated * * * or divorced from the nonrequesting spouse. * * * (ii) Economic hardship. Whether the requesting spouse would suffer economic hardship (within the meaning of section 4.02(1)(c) of this revenue procedure) if the Service does not grant relief from the income tax liability. (iii) Knowledge or reason to know. (A) Underpayment cases. * * * whether the requesting spouse did not know and had no reason to know that the nonrequesting spouse would not pay the income tax liability. * * * * * * * (iv) Nonrequesting spouse’s legal obligation. Whether the nonrequesting spouse has a legal obligation to pay the outstanding income tax liability pursuant to a divorce decree or agreement. * * * (v) Significant benefit. Whether the requesting spouse received significant benefit (beyond normal support) from the unpaid income tax liability * * * (vi) Compliance with income tax laws. Whether the requesting spouse has made a good faith effort to comply with income tax laws in the taxable yearsPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007