Mary Elizabeth Cumings - Page 14




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              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...)           






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