E. Carolyn Mellen - Page 41




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            income tax liabilities that she owes, but for the single tax year                           
            in question.”  The parties stipulated that “For tax years * * *                             
            1996 through 2000, petitioner filed income tax returns”.  Respon-                           
            dent does not contend that petitioner did not pay any Federal                               
            income tax shown due in each such return.  With respect to                                  
            taxable year 2001, the record contains an unsigned Form 1040 for                            
            that year.29  On the record before us, we find that petitioner                              
            has established that she has made a good faith effort to comply                             
            with the Federal income tax laws following taxable year 1995.  We                           
            further find on that record that petitioner has carried her                                 
            burden of establishing that the noncompliance negative factor is                            
            not present in the instant case.                                                            
                  With respect to the legal obligation negative factor set                              
            forth in section 4.03(2)(f) of Revenue Procedure 2000-15, we                                
            found above that the legal obligation positive factor set forth                             
            in section 4.03(1)(e) of Revenue Procedure 2000-15 is a neutral                             
            factor in the instant case.  On the record before us, we further                            
            find that the legal obligation negative factor set forth in                                 
            section 4.03(2)(f) of that revenue procedure is a neutral factor                            
            in the instant case.                                                                        
                  On the record before us, we find that petitioner has failed                           
            to carry her burden of establishing any other factors with                                  


                  29The record does not establish that petitioner had filed                             
            the unsigned Form 1040 for 2001 as of May 14, 2002, the date of                             
            the trial in this case.                                                                     





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