- 13 - regardless of whether the factor is listed in Rev. Proc. 2003-61, sec. 4.03. 1. Marital status. This factor weighs in favor of relief if the requesting spouse and the nonrequesting spouse are divorced, legally separated, or living apart. Petitioner and Mr. Hopkins are married but have lived separately since December 1996. This factor weighs in favor of granting relief. 2. Economic hardship. A taxpayer might experience economic hardship if he or she is unable to pay basic reasonable living expenses. Sec. 301.6343-1(b)(4)(i), Proced. & Admin. Regs. It is the taxpayer’s burden to show both that the expenses qualify and that the expenses are reasonable. Monsour v. Commissioner, T.C. Memo. 2004-190. Petitioner has provided no evidence that she will be unable to pay basic living expenses if she is held liable for the deficiency. This factor weighs against granting petitioner relief. 3. Knowledge or reason to know. In a situation where a liability has not been paid and the requesting spouse did not know or have reason to know that the nonrequesting spouse would not pay the liability, this factor would weigh in favor of granting relief. Rev. Proc. 2003-61, sec. 4.03(2)(a)(iii). The liabilities reported on the returns for tax years 1995 and 1996 resulted from both petitioner’s and Mr. Hopkins’s incomes. At the time the returns were filed, petitioner knew that they couldPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007