- 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