- 15 - 4. Nonrequesting Spouse’s Legal Obligation This factor weighs in favor of the requesting spouse where the nonrequesting spouse has a legal obligation to pay the outstanding income tax liability pursuant to a divorce decree or an agreement. Rev. Proc. 2003-61, sec. 4.03(2)(a)(iv), 2003-2 C.B. at 298. There was no agreement which imposed a legal obligation on Dr. Velez to pay the outstanding income tax liabilities. This is a neutral factor. 5. Significant Benefit Where the requesting spouse significantly benefited (beyond normal support) from the unpaid income tax liability, this is a factor against granting equitable relief. Rev. Proc. 2003-61, sec. 4.03(a)(v), 2003-2 C.B. at 299. The facts and circumstances here show and the parties agree that petitioner did not receive any significant benefits, beyond normal support, from the failure to pay the tax. The Court concludes that this factor is neutral. 6. Compliance With Income Tax Laws Petitioner was in compliance with her income tax obligations. This factor favors relief. See Chou v. Commissioner, T.C. Memo. 2007-102. 7. Presence of Abuse and Mental or Physical Health The parties agree that there was no abuse of petitioner, and she has no mental or physical health problems. The absence ofPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008