- 13 - following the taxable year or years to which the request for relief relates. Rev. Proc. 2003-61, sec. 4.03(2)(b), 2003-2 C.B. at 299, lists the following two positive factors that the Commissioner will weigh in favor of granting equitable relief: (i) Abuse. Whether the nonrequesting spouse abused the requesting spouse. * * * (ii) Mental or physical health. Whether the requesting spouse was in poor mental or physical health on the date the requesting spouse signed the return or at the time the requesting spouse requested relief. * * * We consider the factors below. 1. Marital status Petitioner and Mr. Parker separated in October 2002 and divorced in 2004. Both Ms. Wilce and Ms. Hackmeister admitted that this factor weighs in favor of granting relief. 2. Economic hardship Rev. Proc. 2003-61, sec. 4.02(1)(c), requires respondent to apply the rules in sec. 301.6343-1(b)(4), Proced. & Admin. Regs., in making the determination of whether a requesting spouse will suffer economic hardship. Sec. 301.6343-1(b)(4), Proced. & Admin. Regs., provides that economic hardship is present if satisfaction of the tax liability in whole or in part will render a taxpayer unable to pay her reasonable basic living expenses.8 8Sec. 301.6343-1(b)(4)(ii), Proced. & Admin. Regs., lists factors that will be considered in determining a reasonable (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007