- 12 - requesting spouse of the item giving rise to the deficiency is a strong factor weighing against relief. This strong factor may be overcome only if the factors in favor of equitable relief are particularly compelling. We conclude that they are not. As to the fourth factor, the Judgment of Dissolution of Marriage states that petitioner “shall pay * * * and hold [Ms. Payton] harmless from the payment of * * * any federal, state, and local tax obligations * * * for the joint return for the tax year 2001.” Petitioner asks this Court to disregard this language, however, on the grounds that “there is no evidence that [he] entered in the correct numbers into Turbo Tax” and that “he even signed the return.” First, we fail to see how petitioner’s arguments are relevant to the obligation imposed on him by the Judgment. Moreover, petitioner’s statements contradict his admission that he prepared and signed the return at issue. Second, under Rev. Proc. 2003-61, sec. 4.03 (2)(a)(iv), if a divorce decree or judgment places an obligation to pay taxes on the requesting spouse, then that fact weighs against granting him relief. Here, the Judgment specifically designates responsibility for any deficiency for the couple’s 2001 Federal income tax return to petitioner, and we find that this factor strongly favors denying petitioner relief. As to the fifth factor, petitioner received a substantial benefit when he received a refund in the amount of $8,861 forPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007