Donna M. Keitz - Page 10

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               the Commissioner or the Commissioner's delegate, and                   
               will be based on rules similar to those provided in                    
               � 301.6343-1(b)(4) of the Regulations on Procedure and                 
               Administration.                                                        
               1.   Petitioner's Marital Status                                       
               Petitioner was legally separated from Mr. Keitz at the time            
          she filed the claim for relief in this case.  They were divorced            
          at the time of trial.  The Court concludes that petitioner has              
          satisfied this element.                                                     
               2.   Petitioner's Knowledge or Reason To Know the Tax Would            
                    Not Be Paid                                                       
               In determining whether a taxpayer in an underpayment case is           
          entitled to equitable relief under section 6015(f), the Court               
          considers whether the requesting spouse knew, or had reason to              
          know, when the return was signed that the tax would be unpaid.              
          Hopkins v. Commissioner, 121 T.C. 73, 88 (2003); Wiest v.                   
          Commissioner, T.C. Memo. 2003-91.  Respondent contends that                 
          petitioner did not prove that she did not know or did not have              
          reason to know at the time the return was signed that the unpaid            
          1996 tax liability would not be paid and did not fulfill her duty           
          to inquire.                                                                 
               In Washington v. Commissioner, supra at 138, the taxpayer, a           
          high school graduate, signed a return jointly with her husband, a           
          self-employed carpenter.  She had no involvement in her husband's           
          business.  Id. at 138, 151.  Nor did he discuss with her the                
          preparation or filing of their joint return.  Id. at 139.                   






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