- 19 - $7,500 for the 6 years in question.8 We conclude that petitioner’s contention has no merit because petitioner filed joint returns with Mr. George, and we must base our decision on the actual facts of the instant case. Consequently, because a significant portion of the unpaid liability is attributable to petitioner, the liability attribution negative factor weighs against relief. The knowledge negative factor weighs against relief. As noted above, we believe that petitioner knew or had reason to know that the reported liabilities would be unpaid at the time petitioner signed the returns. The significant benefit negative factor weighs against relief. “Significant benefit” for purposes of section 6015(b)(1)(D) is defined in section 1.6015-2(d), Income Tax Regs.: (d) Inequity. All of the facts and circumstances are considered in determining whether it is inequitable to hold a requesting spouse jointly and severally liable for an understatement. One relevant factor for this purpose is whether the requesting spouse significantly benefitted, directly or indirectly, from the understatement. A significant benefit is any benefit in excess of normal support. Evidence of direct or indirect benefit may consist of transfers of property or rights to property, including transfers that may be received several years after the year of the understatement. Thus, for example, if a requesting spouse receives property (including life insurance 8Petitioner reaches this amount by subtracting withholding of $3,750 from $4,250 of estimated annual tax liability and adding penalties and interest.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011