- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011