- 8 - with Federal income tax laws since 1999. These factors favor granting petitioner relief. Rev. Proc. 2003-61, sec. 4.03(2)(b), 2003-2 C.B. at 299, lists two additional factors that may weigh in favor of equitable relief under section 6015(f) but that will not weigh against relief if not present: (i) * * * Whether the nonrequesting spouse abused the requesting spouse. The presence of abuse is a factor favoring relief. A history of abuse by the nonrequesting spouse may mitigate a requesting spouse’s knowledge or reason to know. (ii) * * * 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. * * * Petitioner reported on her Form 12510 that she had never been abused by Collins, and she did not report that she was suffering from a mental or physical ailment at the time she signed the joint return. Petitioner did report that her father was ill and dying at the time that she signed the return in October 2000. Although the Court recognizes the difficulties inherent in divorce and death, petitioner has not asserted and we do not find that she was suffering from poor mental or physical health at the time she signed the joint return or at the time she requested relief. Thus, these additional factors do not weigh in favor of relief for petitioner. Taking into account all of the facts and circumstances, particularly petitioner’s extensive knowledge regarding Collins’sPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008