- 9 - i.e., Mr. Munsinger, unless one of the enumerated exceptions applies, which none do. As to the omitted wage income attributable to Mr. Munsinger, Ms. Lewallen does satisfy the seven threshold conditions. The inquiry then turns to whether any circumstances are present under which relief would normally be granted. See id., sec. 4.02, 2003-2 C.B. at 298. Ms. Lewallen testified at trial that she would not suffer economic hardship if relief were not granted, and no special circumstances are present in this case. Consequently, we must examine whether, taking into account all the facts and circumstances, it is inequitable to hold Ms. Lewallen liable for all or part of the deficiency stemming from the omission of Mr. Munsinger’s wage income. See id., sec. 4.03, 2003-2 C.B. at 298. We hold that it is not. Petitioners’ divorce decree is silent on the allocation of outstanding Federal tax debts, and, as noted above, Ms. Lewallen would not suffer economic hardship if relief were not granted. Most importantly, however, Rev. Proc. 2003-61, sec. 4.03, specifically states that actual knowledge by the requesting spouse of the item giving rise to the deficiency is a strong factor weighing against relief and may be overcome only if the factors in favor of equitable relief are particularly compelling. Unfortunately for Ms. Lewallen, no compelling factors presentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007