- 20 - 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).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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