Natalie W. McGee - Page 3

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          Background                                                                  
               Petitioner timely filed a petition requesting a review of              
          respondent’s denial of her request for equitable relief under               
          section 6015(f) following respondent’s denial of such relief in a           
          notice of determination issued on November 22, 2002.  Respondent            
          denied relief solely because petitioner’s Form 8857, Request for            
          Innocent Spouse Relief (And Separation of Liability and Equitable           
          Relief), was untimely.  Respondent argues that the 2-year period            
          began with the first collection activity on May 17, 1999.   At              
          the time the petition was filed, petitioner resided in                      
          Birmingham, Alabama.                                                        
               Petitioner and her former spouse filed a joint Federal                 
          income tax return for 1997 (the return).  The return was dated              
          October 14, 1998.  The return showed a joint tax liability of               
          $11,252.  The only payment made regarding this liability was the            
          withholding from petitioner’s earnings as a teacher in the amount           
          of $3,137, leaving an unpaid liability of $8,328.  Petitioner’s             
          former spouse was a self-employed veterinarian and no estimated             
          tax payments were made regarding his business income.  The unpaid           
          liability for 1997 and related additions to tax and interest are            
          the source of the present dispute.                                          
               On May 17, 1999, respondent withheld a $291 refund                     
          petitioner claimed on her 1998 individual Federal income tax                
          return to partially offset the unpaid 1997 joint liability (the             






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