Sarah Joan Barber - Page 17

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          both participated in the preparation of the return.  They both              
          signed the jurat on the return yet remitted no payment on the               
          balance due at the time of filing.  Petitioner was involved in              
          the family finances and the record keeping for Mr. Barber’s                 
          business; she participated in the decision not to pay the taxes.            
          Rev. Proc. 2000-15, section 4.03(2)(b) provides that knowledge              
          that the liability would be unpaid is “an extremely strong factor           
          weighing against relief”.  Her knowledge that the reported                  
          liability would be unpaid also negates two positive factors                 
          weighing in favor of relief:  the “no knowledge or reason to                
          know” factor and the “legal obligation” factor.  Rev. Proc. 2000-           
          15, sec. 4.03(1)(d) and (e), 2000-1 C.B. at 449.                            
               Further weighing against relief, roughly half of the unpaid            
          liability is attributable to petitioner.  To be a factor weighing           
          in favor of relief, the liability must be “solely” attributable             
          to the nonrequesting spouse.  Id. sec. 4.03(1)(f).  By contrast,            
          the unpaid liability being attributable (but not solely so) to              
          the requesting spouse weighs against relief.  Id. sec.                      
          4.03(2)(a).   Moreover, the Court did not find petitioner’s                 
          allegation of abuse by Mr. Barber to be credible, and petitioner            
          did not establish economic hardship.5  Given these facts and                

               5    Rev. Proc. 2000-15, sec. 4.02(1)(c), 2000-1 C.B. 447,             
          448, provides that the determination of whether a requesting                
          spouse will suffer economic hardship will be made by the                    
                                                             (continued...)           





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