- 10 - Significant Benefit The record does not indicate that petitioner benefited beyond normal support from not paying the 1998 joint liability. As articulated in Ewing v. Commissioner, 122 T.C. 32, 45 (2004), this factor weighs in favor of granting relief. Source of the Liability and Noncompliance With Federal Income Tax Laws These two factors are neutral. First, the record reflects that the 1998 joint liability was attributable to both petitioner and Mr. Wollow. Second, there is no evidence that petitioner has not made a good-faith effort to comply with the Federal income tax laws since 1998. Conclusion Petitioner’s main contention in this proceeding has been that, because the 1998 joint liability was ultimately paid from her separate property rather than from her and Mr. Wollow’s community property, she is entitled to equitable relief. Although we understand petitioner’s frustration with the apparent lack of fairness, such circumstances alone are not grounds for relief under section 6015(f). Petitioner knew when the 1998 joint return was filed that she had an obligation to pay the 1998 joint liability and that some of her assets would be used to pay it. The fact that respondent applied her 1999 tax refund to the 1998 tax liability instead of waiting for the bankruptcy court toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011