Arlene C. Ogonoski - Page 20

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               Petitioner knew or had reason to know at the time she signed           
          the returns that Mr. Ogonoski would not pay the reported                    
          liabilities on time, which is “an extremely strong factor”                  
          against relief.  We find no abuse of discretion in respondent’s             
          determination that petitioner and Mr. Ogonoski are jointly liable           
          to pay their substantial joint tax liabilities, estimated tax and           
          nonpayment penalties, and accumulated interest.  Because                    
          petitioner knew the taxes were not being paid currently and might           
          not be paid in the future, she assumed the risk that she would be           
          called upon to pay the remaining joint liabilities should                   
          respondent attempt to collect them from her.  Considering all the           
          facts and circumstances and applying the relevant conditions and            
          factors under Rev. Proc. 2000-15, supra, as a whole, we hold                
          respondent did not abuse his discretion, i.e., he did not act               
          arbitrarily, capriciously, or without sound basis in fact, in               
          denying petitioner’s request for equitable relief under section             
          6015(f).5  We sustain respondent’s determination denying relief             
          under section 6015(f).                                                      
               Issue 2.  Period of Limitation                                         
               Petitioner asks us to decide whether the period of                     
          limitation for collection of her 1989 unpaid tax liability has              


               5This is not a case like Foor v. Commissioner, T.C. Memo.              
          2004-54, in which the presence of a whole panoply of factors                
          favoring relief overcame the significance of the taxpayer’s                 
          reason to know the reported tax liabilities would not be paid.              
          See Washington v. Commissioner, 120 T.C. 137, 150-151 (2003).               




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