Mary Ellen Lepordo - Page 16




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          knowledge at the time she signed the returns that the tax                   
          liabilities would not be paid.  Therefore, the Court finds for              
          respondent on this element and need not discuss the third                   
          element.  Accordingly, the IRS did not abuse its discretion by              
          denying relief under Rev. Proc. 2003-61, sec. 4.02, with respect            
          to 1998, 1999, 2001, and 2002.                                              
          Rev. Proc. 2003-61, Sec. 4.03:  Other Factors                               
               Where the requesting spouse fails to qualify for relief                
          under Rev. Proc. 2003-61, sec. 4.02, the IRS may nevertheless               
          grant relief under Rev. Proc. 2003-61, sec. 4.03.  Rev. Proc.               
          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 nonelecting spouse.                
          Rev. Proc. 2003-61, sec. 4.03(2)(a)(i), 2003-2 C.B. at 298.                 
               Mr. Lepordo passed away well over a year before petitioner’s           
          request for relief.  Therefore, the Court concludes that this               
          factor weighs in favor of relief.  See Banderas v. Commissioner,            
          T.C. Memo. 2007-129 (finding that this factor weighed in favor of           
          relief under similar facts).                                                







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