Mary Ellen Lepordo - Page 22




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          lack of significant benefit weighed in favor of relief under Rev.           
          Proc. 2003-61); cf. Butner v. Commissioner, supra (stating that             
          lack of significant benefit weighed in favor of relief under                
          former section 6013(e) notwithstanding that Rev. Proc. 2000-15              
          stated that it was neutral); Ferrarese v. Commissioner, T.C.                
          Memo. 2002-249.                                                             
          Compliance With Federal Tax Laws                                            
               The IRS will take into consideration whether the requesting            
          spouse has made a good faith effort to comply with the Federal              
          tax laws in the succeeding years.  See Rev. Proc. 2003-61, sec.             
          4.03(2)(a)(vi), 2003-2 C.B. at 299.                                         
               Respondent agrees that petitioner has complied with the                
          Federal tax laws since her husband’s death.  Therefore, this                
          factor weighs in favor of relief.  See Fox v. Commissioner, supra           
          (stating that noncompliance weighs against relief under Rev.                
          Proc. 2003-61); see also Beatty v. Commissioner, supra (stating             
          that one delinquently filed return, which showed a refund due,              
          and the other facts and circumstances were not significant                  
          factors weighing against relief in that case, and the                       
          Commissioner argued that the compliance factor weighed in favor             
          of relief under Rev. Proc. 2003-61); cf. Butner v. Commissioner,            
          supra (stating that noncompliance weighs against relief under               
          Rev. Proc. 2000-15).                                                        








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