Cimberly Catherine Clarke-Lewis - Page 10




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          2003-61, sec. 4.03, 2003-2 C.B. at 298, contains a nonexhaustive            
          list of factors that the IRS will consider and weigh when                   
          determining whether to grant equitable relief under section                 
          6015(f).  The factors and the Court’s analysis with respect to              
          each factor are described below.                                            
          Marital Status                                                              
               The IRS will take into consideration whether the requesting            
          spouse is separated or divorced from the nonrequesting spouse.              
          Rev. Proc. 2003-61, sec. 4.03(2)(a)(i), 2003-2 C.B. at 298.                 
               Petitioner was divorced from Mr. Nakasu when she filed her             
          request.  This factor weighs in favor of relief.  See McKnight v.           
          Commissioner, T.C. Memo. 2006-155 (stating that divorce weighs in           
          favor of relief under Rev. Proc. 2003-61); see also Beatty v.               
          Commissioner, T.C. Memo. 2007-167 (stating that remaining married           
          or residing together is a neutral factor under Rev. Proc. 2003-             
          61); cf. Butner v. Commissioner, T.C. Memo. 2007-136 (stating               
          same under Rev. Proc. 2000-15).                                             
          Economic Hardship                                                           
               Petitioner contends that she is unable to pay the tax                  
          liability because she has incurred substantial credit card debt             
          to cover their living expenses while her second husband was                 
          unemployed on account of an illness.  Petitioner also testified             
          that she pulled the equity out of her homes to cover their                  








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