- 15 - 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).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: March 27, 2008