- 16 - income, standard of living, and spending patterns; and the culpable spouse's evasiveness and deceit concerning the couple's finances. Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th Cir. 1989), affg. T.C. Memo. 1988-63; Flynn v. Commissioner, 93 T.C. 355, 365-366 (1989). Factors to consider in determining whether it would be inequitable to hold the taxpayer liable include: (1) Whether the taxpayer seeking relief significantly benefited from the erroneous items (Purificato v. Commissioner, 9 F.3d 290, 296 (3d Cir. 1993), affg. T.C. Memo. 1992-580; Estate of Krock v. Commissioner, 93 T.C. 672, 677 (1989)); (2) whether the spouse seeking relief had been deserted by, or divorced or separated from the culpable spouse (sec. 1.6013-5(b), Income Tax Regs.); and (3) whether probable future hardships would be visited upon the innocent spouse if she is not relieved of liability (Sanders v. United States, 509 F.2d 162, 171 n.16 (5th Cir. 1975)). Respondent's 1993 interrogatories and requests for documents were designed to elicit information concerning these factors. In petitioners' October 21, 1993, answers to respondent's interrogatories, petitioners provided information on petitioners' educational levels and marital status, and that petitioner wives handled the household finances. Petitioners declined to answer respondent's interrogatories regarding their assets and expenditures. In their responses to respondent's requests forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011