- 9 - The factors weighing against relief are: (1) petitioner had knowledge of the omitted income giving rise to the deficiency, an extremely strong factor, and (2) petitioner will not suffer economic hardship if relief is not granted. Respondent did not abuse his discretion in determining that relief should not be granted to petitioner. The overriding factor which weighs against the granting of relief is petitioner’s knowledge of the items giving rise to the understatement. An important factor in this case is that the deficiency and penalty are solely attributable to intervenor in that the unreported income was earned solely by her. Furthermore, intervenor most likely derived the primary benefit from this income and from an initial lack of payment of taxes with respect thereto: Intervenor and petitioner were separated for 9 months during 1998 and, while petitioner had Federal income taxes withheld from his income, intervenor had nothing withheld from the unreported income. The most important factor in this case is intervenor’s legal obligation under the North Carolina court’s order to either directly pay the 1998 Federal tax liability or indemnify petitioner for his payment thereof. We note that this Court is not being called upon to discern intervenor’s legal obligations under the North Carolina court order because neither respondent nor intervenor disputes the fact that intervenor is legally obligated to pay the deficiency in this case. Furthermore,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011