Gwendolyn A. Ewing - Page 25

                                       - 25 -                                         
          significantly benefit from Mr. Wiwi’s failure to pay tax on his             
          income and that this factor favors petitioner.                              
               4.   Compliance With Tax Laws                                          
               Petitioner filed returns for tax years following 1995 and              
          has complied with tax laws at least since 1995.  Respondent                 
          contends that petitioner was not in compliance with Federal tax             
          laws because taxes were underwithheld from petitioner’s income              
          for 1997.  We disagree.  Although taxes were underwithheld from             
          petitioner’s income for 1997, petitioner paid an amount equal to            
          the tax on her income for that year by paying $4,453 with the               
          1997 joint return she timely filed with Mr. Wiwi.  Respondent               
          does not explain how the fact that petitioner was underwithheld             
          for one tax year shows that she was noncompliant with the tax               
          laws; respondent does not contend that petitioner’s payment for             
          1997 was late or inadequate or that she was underwithheld in any            
          other year.  The fact that taxes were underwithheld from                    
          petitioner for 1997 does not mean that she was not in compliance            
          with the tax laws.  On the contrary, her timely payment of all              
          taxes she owed for that year shows she complied with the tax                
          laws.14  Rev. Proc. 2000-15, supra, lists tax compliance as a               
          factor which the Secretary will consider only against granting              
          relief.  We conclude that this factor is neutral.                           

               14 Respondent does not contend that petitioner is liable for           
          the penalty under sec. 6654 for failure to pay estimated tax for            
          1997.                                                                       





Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011