Emily Velez - Page 16




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               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 of              







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