- 7 - divorce decree or agreement to pay the liability. Factors weighing against relief include: (1) The unpaid liability is attributable to the requesting spouse; (2) the requesting spouse had knowledge or reason to know of the unpaid liability; (3) the requesting spouse has significantly benefited (beyond normal support) from the unpaid liability; and (4) the requesting spouse is obligated under a divorce decree or agreement to satisfy the liability. See Notice 98-61, sec. 3.03, supra; see also Rev. Proc. 2000-15, sec. 4.03, 2001-1 C.B. 448. In reviewing respondent’s determination, we do not substitute our judgment for his. Rather, we defer to respondent’s determination unless it is arbitrary, capricious, or without sound basis in fact. Jonson v. Commissioner, 118 T.C. 106, 125 (2002); Pacific First Fed. Sav. Bank v. Commissioner, 101 T.C. 117, 121 (1993). In the instant case, petitioner requests relief on two pertinent grounds: That he was unaware that the liability reported on the 1994 return had not been paid, and that the unpaid liability was solely attributable to Ms. Wiest. The determination letter concludes that petitioner knew or had reason to know of the unpaid liability, and that it was partly attributable to petitioner. Based principally on its conclusions as to petitioner’s knowledge or reason to know of the unpaid liability and the attribution of the unpaid liability, thePage: 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