Webber Douglas Gilmer, Petitioner, and Minnie Payton, Intervenor - Page 11




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          spouse; (6) the requesting spouse did not file or fail to file              
          the return with fraudulent intent; and (7) absent enumerated                
          exceptions, the liability from which relief is sought is                    
          attributable to an item of the nonrequesting spouse.  Respondent            
          here concedes that petitioners meet these seven threshold                   
          conditions.                                                                 
               Rev. Proc. 2003-61, sec. 4.03(2), 2003-2 C.B. at 298, then             
          lists the eight nonexclusive factors that the Commissioner will             
          consider in determining whether, taking into account all the                
          facts and circumstances, it is inequitable to hold the requesting           
          spouse liable for all or part of the deficiency, and full or                
          partial equitable relief under section 6015(f) should be granted.           
          These nonexclusive factors include whether:  (1) The requesting             
          spouse is separated or divorced from the nonrequesting spouse;              
          (2) the requesting spouse will suffer economic hardship without             
          relief; (3) the requesting spouse did not know or have reason to            
          know of the item giving rise to the deficiency; (4) the                     
          nonrequesting spouse had a legal obligation to pay the                      
          outstanding liability; (5) the requesting spouse received a                 
          significant benefit from the item giving rise to the deficiency;            
          (6) the requesting spouse has made a good faith effort to comply            
          with income tax laws in subsequent years; (7) the requesting                
          spouse was abused by the nonrequesting spouse; and (8) the                  
          requesting spouse was in poor mental or physical health when                







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