- 11 -
Where, as here, the requesting spouse meets the five threshold
conditions set forth in Rev. Proc. 2003-61, sec. 4.01, we employ a
balancing test to determine whether, taking into account all the
facts and circumstances, it would be inequitable to hold the
requesting spouse liable for all or part of the unpaid liability.
Id. sec. 4.03, 2003-2 C.B. at 298. We begin by considering
petitioner’s request for relief in the light of six factors listed
in the revenue procedure. A description of each factor,
underscored, and our application of that factor to the facts of
this case, follows.5
(a) Marital status. The requesting spouse is separated or
divorced from the nonrequesting spouse. The parties agree that
petitioner is divorced from Dr. Geaccone. This factor weighs in
petitioner’s favor.
(b) Economic hardship. The requesting spouse will suffer
economic hardship if relief from the liability is not granted.
Petitioner did not present any evidence tending to show that she
would suffer economic hardship if relief from liability were not
granted. We note that petitioner earned substantial income in
5These six factors are found in Rev. Proc. 2003-61, sec.
4.03(2)(a), 2003-2 C.B. at 298. Additional factors that, if
present, will weigh in favor of relief but will not weigh against
equitable relief if not present in a case are found in Rev. Proc.
2003-62, sec. 4.03(2)(b), 2003-2 C.B. at 299. Neither of those
factors, pertaining to abuse and mental or physical health, is
present in this case.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 10, 2007