- 23 - On the other hand, the IRS’s administrative record with respect to the abuse factor is scant at best. Because of the lack of sufficient evidence of abuse in the record, as well as the Court’s concern that Mr. Lepordo is not available to defend himself against the abuse allegations or to otherwise verify them, the Court finds that the abuse factor is neutral. See Rev. Proc. 2003-61, sec. 4.03(2)(b)(i) (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). Additionally, the Court finds that because of the lack of evidence of abuse in the record, this factor does not mitigate petitioner’s knowledge or reason to know. Mental or Physical Health The IRS will take into consideration whether the electing spouse was in poor mental or physical health on the date the electing 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: March 27, 2008