- 23 - (stating that the taxpayer had produced third-party records confirming her abuse allegations); Fox v. Commissioner, supra (stating same). The Court finds that this factor is neutral. See Rev. Proc. 2003-61, sec. 4.03(2)(b)(i), 2003-2 C.B. at 299 (stating that the presence of abuse weighs in favor of relief while lack of abuse does not weigh against relief); see also Magee v. Commissioner, T.C. Memo. 2005-263 (stating that lack of abuse is a neutral factor under Rev. Proc. 2003-61); cf. Butner v. Commissioner, supra (stating same under Rev. Proc. 2000-15). Mental or Physical Health The IRS will take into consideration whether the requesting spouse was in poor mental or physical health on the date the requesting spouse signed the return or at the time relief was requested. See Rev. Proc. 2003-61, sec. 4.03(2)(b)(ii), 2003-2 C.B. at 299. There is no evidence in the record that petitioner’s mental or physical health was poor; therefore, this is a neutral factor. See id.; see also Magee v. Commissioner, supra. Conclusion: Weight of the Factors Although the decision is close, the Court concludes that the Appeals officer did not act arbitrarily, capriciously, or without sound basis in fact, nor is there anything “fundamentally wrong” with the IRS’s determination. See Johnson v. J.B. Hunt Transp.,Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: March 27, 2008