John William Hollis - Page 12

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          no reason to know that the liability would not be paid.  Neither            
          petitioner nor intervenor knew they were not entitled to a refund           
          for 1999 until they received notice from respondent.  Despite the           
          conflict in the evidence, it appears that petitioner had the four           
          Forms W-2 that were filed with the return, and so he had reason             
          to know that the amount reported withheld was in error.  We                 
          conclude that petitioner had reason to know of the underpayment,            
          and that this factor favors respondent.                                     
               4.  The nonrequesting spouse has a legal obligation pursuant           
          to a divorce decree or agreement to pay the outstanding liability           
          (weighs against relief only if the requesting spouse has the                
          obligation).  Petitioner contends that the handwritten portion of           
          the divorce decree establishes that intervenor is obligated to              
          repay the erroneous refund.  We disagree.  The handwritten                  
          portion of the divorce decree states that intervenor is liable              
          for income tax that she owed “as a result of * * * [intervenor]             
          under reporting her earning for the year 1999.”  That clause has            
          no effect here because nothing in the record suggests petitioner            
          and intervenor did not fully report intervenor’s 1999 income.               
               We conclude that this factor is neutral.                               
               Other than marital status, all factors listed in Rev. Proc.            
          2000-15, supra, weigh against relief or are neutral.                        









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