- 9 - No Knowledge or Reason To Know Petitioner knew that the tax liability shown on the 1998 joint return would not be paid when the return was filed. Petitioner contends that, when she signed the joint return, she thought that her IRA would be seized by the bankruptcy court and used to pay the 1998 joint liability. According to petitioner, the reason that she and Mr. Wollow requested an extension for filing the joint return was to give the bankruptcy court more time to seize and distribute her IRA. We do not see how petitioner reasonably could have expected that her IRA would be used to satisfy the 1998 joint liability when she had not authorized the IRA’s liquidation and distribution. Moreover, because petitioner agreed to pay the 1998 joint liability with the proceeds from her IRA, petitioner knew that Mr. Wollow would not pay it. This factor strongly weighs against granting relief. See Washington v. Commissioner, supra at 150. The Spouses’ Legal Obligations At trial, petitioner testified that, pursuant to the divorce decree, both she and Mr. Wollow were “responsible for the joint filed return and any community debts to be paid.” Petitioner agrees, therefore, that under the decree she and Mr. Wollow share the legal obligation for paying the 1998 joint liability. Accordingly, this factor is neutral.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011