- 22 - hardship if relief is denied; (5) the requesting spouse has not made a good faith effort to comply with Federal income tax laws in the tax years following the tax year to which the request for relief relates; and (6) the requesting spouse has a legal obligation pursuant to a divorce decree or agreement to pay the unpaid liability. Id. sec. 4.03(2). “No single factor will be determinative of whether equitable relief will or will not be granted in any particular case. Rather, all factors will be considered and weighed appropriately.” Id. sec. 4.03. Furthermore, the list of factors is not intended to be exhaustive. The Commissioner generally does not consider the fact that the taxpayer did not significantly benefit from the underpayment of tax in determining whether to grant relief under section 6015(f). However, on the basis of cases deciding whether it was inequitable to relieve a taxpayer from joint liability under former section 6013(e)(1)(D), this Court considers the fact that a taxpayer did not significantly benefit from the unpaid liability as favoring equitable relief under section 6015(f) for that taxpayer. Van Arsdalen v. Commissioner, T.C. Memo. 2007-48. In deciding whether respondent’s determination that petitioner is not entitled to relief under section 6015(f) was an abuse of discretion, we consider evidence relating to all the facts and circumstances.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 10, 2007