- 15 - requesting spouse, and (2) whether the requesting spouse was in poor mental or physical health. A history of abuse by the nonrequesting spouse may mitigate the negative effect of a requesting spouse’s knowledge or reason to know. Rev. Proc. 2003-61, sec. 4.03(2)(b)(i). Petitioner alleges that Mr. Hopkins was verbally and mentally abusive. Petitioner submitted copies of two police reports, dated April 25 and November 14, 1995, which document domestic disputes between petitioner and Mr. Hopkins. The reports describe domestic arguments and a mutual altercation. The Court is sympathetic to petitioner’s situation, but on the record, we cannot conclude that respondent acted arbitrarily, capriciously, or without sound basis in fact or law when respondent determined that the alleged abuse did not mitigate the negative effect of petitioner’s knowledge or reason to know. See id. Additionally, petitioner did not allege any mental or physical health problems. The absence of these factors will not weigh against equitable relief. See id. sec. 4.03(2)(b). We therefore agree with respondent’s determination that these factors are neutral. On the basis of our examination of the facts and circumstances, including the factors set forth in Rev. Proc. 2003-61, sec. 4.03, we conclude that respondent did not abuse his discretion in denying petitioner’s request for equitable reliefPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007