- 12 - associated with maintaining those routes. Pursuant to their divorce decree, petitioner and Mr. Gonce each had obligations to pay an equal share of their then-outstanding tax liabilities, and the tax liability was not allocated in the decree to Mr. Gonce alone. She and Mr. Gonce shared a joint checking account, into which all of petitioner’s and Mr. Gonce’s paychecks were deposited. Such benefits did not extend beyond her normal support. The absence of other benefits weighs in favor of petitioner. See Ferrarese v. Commissioner, T.C. Memo. 2002-249. Finally, although petitioner was entitled to a refund in 2002 and 2004, she filed her Federal income tax returns late in those years. We do not believe this last element weighs either for or against petitioner. 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, Questionnaire for Requesting Spouse, that she had never been abused by Mr. GoncePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008