Mary Ellen Lepordo - Page 19




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          T.C. Memo. 2003-201, affd. 152 Fed. Appx. 622 (9th Cir. 2005).              
          Petitioner must establish that:  (1) At the time she signed the             
          return for each of the years at issue, she had no knowledge or              
          reason to know that the tax reported on each return would not be            
          paid; and (2) it was reasonable for her to believe that Mr.                 
          Lepordo would pay the tax reported on each return.  See Ogonoski            
          v. Commissioner, T.C. Memo. 2004-52; Collier v. Commissioner,               
          T.C. Memo. 2002-144.                                                        
               The Court has found for respondent on this factor.                     
          Therefore, this factor weighs against relief.  See Beatty v.                
          Commissioner, T.C. Memo. 2007-167 (applying Rev. Proc. 2003-61              
          and finding that knowledge or reason to know weighs against                 
          relief); Fox v. Commissioner, T.C. Memo. 2006-22 (same); cf. Levy           
          v. Commissioner, T.C. Memo. 2005-92 (applying Rev. Proc. 2000-15            
          and stating that lack of knowledge weighs in favor of relief                
          while knowledge or reason to know weighs against relief).                   
          Knowledge or Reason To Know:  Items Giving Rise to the $704.88              
          Portion of the Deficiency                                                   
               With respect to a liability that arises from a deficiency,             
          the IRS will consider whether the requesting spouse did not know            
          or had no reason to know of the items giving rise to the                    
          deficiency.  Rev. Proc. 2003-61, sec 4.03(2)(a)(iii)(B), 2003-2             
          C.B. at 298.  If the electing spouse had actual knowledge of the            
          item giving rise to the deficiency, then that knowledge is a                
          strong factor weighing against relief.  See id.                             






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