- 11 - know, and had no reason to know, of the substantial understatement; and (4) taking into account all the facts and circumstances, it would be inequitable to hold the spouse seeking relief liable for the deficiency attributable to such substantial understatement. Of particular significance here were items (3) and (4) above. During the civil examination, petitioner refused to provide requested records to respondent’s revenue agent. Although petitioner asserted her entitlement to relief from joint liability at some point in the administrative proceedings, she never provided any corroborating evidence to justify her claim; indeed, it is unclear from the record that she ever provided any explanation why she believed she merited relief from joint liability.3 Similarly, during trial preparation she provided no significant support for her position that she was entitled to innocent spouse relief. Whether a spouse is entitled to relief from joint liability depends upon an examination of all the facts and circumstances, 3 It is unclear whether petitioner ever asserted a claim for relief from joint liability during the civil examination. At trial, petitioner produced an executed Form 8379, Injured Spouse Claim and Allocation, dated Nov. 29, 1996. Petitioner offered no documentation, however, that the form was ever transmitted to respondent. Respondent’s agent testified that she never received the form. Even if we were to assume, arguendo, that petitioner did submit the Form 8379 to respondent, the Form 8379 offered into evidence includes no explanation as to why petitioner believed she qualified for relief from joint liability.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011