Mary Elizabeth Cumings - Page 13




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         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 years                        







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Last modified: November 10, 2007