Michele D. Livingston - Page 11




                                        - 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