Gwendolyn A. Ewing - Page 28

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               8.   Legal Obligation To Pay Tax                                       
               Respondent does not argue that the legal obligation factor             
          weighs against petitioner.  We conclude that the legal obligation           
          factor does not apply here because petitioner and Mr. Wiwi are              
          not divorced.  Ferrarese v. Commissioner, T.C. Memo. 2002-249;              
          see Washington v. Commissioner, 120 T.C. 137, 148-149 (2003).               
               9.   Other Factors                                                     
               A taxpayer is entitled to equitable relief under section               
          6015(f) if, taking into account all the facts and circumstances,            
          it is inequitable to hold that individual liable.  Rev. Proc.               
          2000-15, supra, acknowledges that the factors listed therein are            
          not exhaustive.  Despite this, respondent did not consider the              
          fact, as discussed above, that petitioner did not participate in            
          any wrongdoing in this case; on the contrary, the problem began             
          with Mr. Wiwi, who, as discussed above, concealed from petitioner           
          that he had not paid the unpaid tax for 1995.  In deciding                  
          whether it is inequitable to hold a spouse liable under section             
          6015(b)(1)(D),15 we have considered whether the failure to report           
          the correct tax liability on the joint return results from                  
          concealment, overreaching, or any other wrongdoing on the part of           
          the other spouse.  Hayman v. Commissioner, 992 F.2d 1256, 1262              


               15 The equitable factors we consider under sec.                        
          6015(b)(1)(D) are the same equitable factors we consider under              
          sec. 6015(f).  Alt v. Commissioner, 119 T.C. 306, 316 (2002);               
          Butler v. Commissioner, 114 T.C. 276, 291 (2000).                           





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