Connie A. Washington - Page 21

                                       - 21 -                                         
               4.   Knowledge or Reason To Know Factor                                
               In the case of a liability that was reported but not paid, the         
          fact that the requesting spouse did not know and had no reason to           
          know that the liability would not be paid is a factor weighing in           
          favor of granting relief.  Rev. Proc. 2000-15, sec. 4.03(1)(d),             
          2000-1 C.B. at 449.  By contrast, the fact that the requesting              
          spouse knew or had reason to know that the reported liability would         
          be unpaid is a strong factor weighing against relief.  Rev. Proc.           
          2000-15, sec. 4.03(2)(b), 2000-1 C.B. at 449.  Respondent contends          
          that petitioner did not prove that she did not know or did not have         
          reason to know that the unpaid 1989 tax liability would not be paid         
          at the time the return was filed.  We disagree.                             
               Petitioner filed a joint return for 1989 with her former               
          husband upon the advice of the tax return preparer.  She was under          
          the impression that she was required to file a joint return because         
          she was married at the time.  Petitioner provided her Form W-2 to           
          the tax return preparer.  The tax return preparer provided her the          
          1989 joint tax return for signature, and she signed the return.  No         
          discussions took place between petitioner and Mr. Washington about          
          the preparation and subsequent filing of the 1989 joint return or           
          about the payment of any tax owed.  Petitioner credibly testified           
          that she believed Mr. Washington would pay the tax owed since it            
          resulted from his business operations.                                      








Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011