Lesley J. Smith, a.k.a. Lesley J. Scott - Page 23




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          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.                                                              







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