Timothy J. Glenn - Page 20

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          determinative, but that all relevant factors, regardless of                 
          whether the factor is listed in Rev. Proc. 2003-61, sec. 4.03,              
          will be considered and weighed.                                             
               Petitioner executed the 2001 return voluntarily.  The                  
          distribution which led to the 10-percent additional tax pursuant            
          to section 72(t) was a distribution from petitioner’s own section           
          401(k) plan.  Petitioner had actual knowledge of the factual                
          basis for the 10-percent additional tax.  Petitioner personally             
          used the proceeds from the distribution to pay for living                   
          expenses incurred by him, Ms. Glenn, and their children.  Also,             
          petitioner used the proceeds from the distribution to pay credit            
          card debts and a second mortgage, for which petitioner and Ms.              
          Glenn were jointly liable.                                                  
               Furthermore, we find no basis for concluding that petitioner           
          would suffer undue financial hardship in being liable for the               
          additional unpaid 2001 tax liability.                                       
               While petitioner may have a claim to indemnity under State             
          law for half of the payment of the additional tax liability                 
          incurred because of the 10-percent additional tax, we find that             
          no factors considered support the conclusion that petitioner is             
          entitled to relief under section 6015(f), and petitioner’s                  
          request for relief pursuant to section 6015 will be denied.                 









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Last modified: May 25, 2011