- 16 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011