- 14 - 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 thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007