- 17 - 8. Liability attribution Under Rev. Proc. 2000-15, sec. 4.03(1)(f) and (2)(a), 2000-1 C.B. 447, 449, the IRS considered whether the outstanding liability was attributable to the requesting spouse or the nonrequesting spouse when determining whether equitable relief was appropriate. Although Rev. Proc. 2003-61, sec. 4.03, does not list liability attribution as one of the factors for consideration, we note that the list in Rev. Proc. 2003-61, sec. 4.03, is not exclusive. The entire outstanding liability is attributable to self- employment taxes arising from Mr. Parker’s self-employment income from two sole proprietorships. None of the self-employment income or self-employment taxes arising therefrom is attributable to petitioner. This factor weighs in favor of granting relief. D. Conclusion At trial, petitioner’s testimony was consistent with her assertions in the Form 8857, her responses to information requests from respondent, and the statements outlined in the revenue agent’s workpapers. Respondent has not challenged petitioner’s truthfulness on these matters. Although we find that petitioner had reason to know that the tax liability would not likely be paid in light of Mr. Parker’s intent to file a petition in bankruptcy, we nevertheless conclude that respondent abused his discretion in determining that petitioner was notPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007