Connie A. Washington - Page 23

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               5.   Significant Benefit and Noncompliance                             
               Respondent did not address the significant benefit factor and          
          the noncompliance with Federal law factor.  We, however, shall do           
          so, and after due consideration, we find that neither of these              
          factors weighs against granting relief to petitioner.                       
               Petitioner did not significantly benefit, either during or             
          after the marriage, from the unpaid 1989 tax liability.  During the         
          marriage, petitioner did not receive expensive jewelry, drive a             
          luxurious car, wear designer clothes, take expensive vacations, or          
          even own a home.  Petitioner received no assets from the                    
          dissolution of the marriage.  Moreover, since the divorce, she has          
          received no spousal or child support.  Petitioner rents a small             
          house, drives an automobile that she does not own, and does not             
          take vacations.                                                             
               With respect to compliance with Federal tax laws, petitioner           
          has always filed timely Federal income tax returns.  Petitioner is          
          not late or in arrears on any of her separate tax obligations.              
          Indeed, petitioner has overpaid her taxes each year since 1994, and         
          it is these overpayments for which petitioner seeks a refund                
          because they were applied to the unpaid 1989 tax liability.                 
               6.  Conclusion                                                         
               No factors weigh against granting relief to petitioner.  To            
          the contrary, all factors either weigh in favor of granting relief          
          to petitioner or are neutral.  Consequently, taking into account            






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