Marc S. Feldman - Page 10

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          requesting spouse knew or had reason to know that the reported              
          liability would be unpaid at the time the return was signed;                
          (3) the requesting spouse significantly benefited (beyond normal            
          support) from the unpaid liability; (4) the requesting spouse               
          will not suffer economic hardship if relief is denied; (5) the              
          requesting spouse has not made a good faith effort to comply with           
          Federal income tax laws in the tax years following the tax year             
          to which the request for relief relates; and (6) the requesting             
          spouse has a legal obligation pursuant to a divorce decree or               
          agreement to pay the unpaid liability.  No single factor is                 
          determinative, and the list is not exhaustive.  See Washington v.           
          Commissioner, supra at 148; Jonson v. Commissioner, supra at 125.           
               Respondent argues that petitioner is not eligible for relief           
          because the negative factors in favor of not granting relief                
          under section 6015(f) outweigh the positive factors in favor of             
          relief.  Specifically, respondent contends that petitioner would            
          not suffer economic hardship absent relief and that the tax                 
          liabilities are attributable to his income.  Respondent further             
          argues that petitioner’s claim that he did not know or had no               
          reason to know that the tax liabilities stated on the return                
          would not be paid upon filing is not credible.                              
          Economic Hardship                                                           
               Economic hardship is determined based on rules similar to              
          those under section 301.6343-1(b)(4)(ii), Proced. & Admin. Regs.            






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