Philip Cullen - Page 16

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          have reason to know of the item giving rise to the deficiency;              
          (iv) the requesting spouse did or did not significantly benefit             
          beyond mere support from the unpaid liability or the taxable                
          income which created it; and (v) the nonrequesting spouse had or            
          did not have a legal obligation (per the divorce decree) to pay             
          the tax liability (provided that, if neither spouse has the                 
          specified obligation, this factor is neutral).                              
               The two additional potentially positive factors are:  (i)              
          Whether the requesting spouse is divorced or separated from the             
          nonrequesting spouse and (ii) whether the requesting spouse was             
          abused by the nonrequesting spouse.  The additional potentially             
          negative factor is whether the requesting spouse has made a good            
          faith effort to comply with Federal income tax laws following the           
          taxable year for which relief is requested.                                 
               In this case, factors in petitioner’s favor include that he            
          is divorced, that the liability is solely attributable to his               
          former spouse’s unreported income, and that he did not                      
          significantly benefit from the unreported income.  The other                
          factors are not helpful to petitioner.                                      
               Economic hardship, for instance, is defined as inability to            
          meet reasonable basic living expenses.  Sec. 301.6343-1(b)(4),              
          Proced. & Admin. Regs.  Although petitioner introduced some                 
          evidence that payment of the tax would cause him economic                   
          hardship in light of his claimed $9,600 annual income and                   






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Last modified: May 25, 2011