Elsa Estelle Hopkins - Page 15




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          not pay the amounts due.  Thus, we find that petitioner knew or             
          had reason to know that the reported liabilities would be unpaid            
          at the time the returns were filed.  This factor weighs against             
          granting petitioner relief.                                                 
               4.  Nonrequesting spouse’s legal obligation.  Mr. Hopkins              
          did not have a legal obligation pursuant to a divorce decree or             
          agreement.  This factor is neutral.                                         
               5.  Significant benefit.  A significant benefit is a                   
          benefit in excess of normal support.  Sec. 1.6015-2(d), Income              
          Tax Regs.  It is unclear how much petitioner benefited from the             
          unpaid liabilities, but the facts and circumstances suggest that            
          petitioner did not receive any significant benefit.  This factor            
          is neutral.                                                                 
               6.  Compliance with income tax laws.  The question is                  
          whether the taxpayer has made a good faith effort to comply with            
          tax laws in tax years after the years for which relief is                   
          requested.  Respondent reviewed petitioner’s account and                    
          determined that petitioner was in compliance for tax years 1997             
          through 2005.  This factor weighs in favor of granting relief.              
               7.  Abuse or poor mental or physical health.  In addition              
          to the foregoing factors, Rev. Proc. 2003-61, sec. 4.03(2)(b)               
          lists factors that, if present, will weigh in favor of equitable            
          relief, but, if not present, will not weigh against relief.  The            
          factors are:  (1) Whether the nonrequesting spouse abused the               







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