- 18 - sense to which the tax law or common experience will accord any recognition. Rev. Proc. 2000-15, sec. 4.03, lists the following two factors whose presence the Commissioner weighs against granting relief and whose absence the Commissioner treats as neutral: (1) The requesting spouse significantly benefited (beyond normal support) from the unpaid liability, and (2) the requesting spouse has not made a good faith effort to comply with Federal income tax laws in the tax years following the tax year to which the request for relief relates. Although there is no record evidence to establish that Mr. Ogonoski failed to contribute any of his financial resources, including any of his separate funds attributable to the unpaid taxes, to their household for basic living expenses or to pay the mortgage on their $71,000 house, such payments are not lavish expenditures beyond what is required for petitioner’s normal support. See, e.g., Foley v. Commissioner, T.C. Memo. 1995-16. There is no evidence Mr. Ogonoski gave petitioner any money in excess of the amounts petitioner required for normal support. Because Mr. Ogonoski controlled the finances of his excavation business and had his own checking accounts related to his business that petitioner did not control or have access to, petitioner was unable to stop Mr. Ogonoski from using for his own personal purposes the funds made available by his failures to pay the taxes due. As stated above, Rev. Proc. 2000-15, supra,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