Milton M. Scarborough, Petitioner and Judy H. Scarborough Barrentine, Intervenor - Page 4

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          leaving a balance due of $11,541.  Petitioner and intervenor                
          signed the return on April 11, 2000, and it was received by                 
          respondent on April 15, 2000.  No payment accompanied the return.           
               Petitioner and intervenor separated on February 1, 2000, and           
          intervenor filed for divorce on March 29, 2000.  Petitioner and             
          intervenor divorced on March 9, 2001.  Among other things, a                
          property settlement agreement (the settlement agreement) entered            
          into by petitioner and intervenor in connection with the divorce            
          provides: “[Petitioner and intervenor] shall equally will [sic]             
          be responsible for paying the [1999] tax liability owed to the              
          Internal Revenue Service in the approximate amount of $14,000.”             
               On the request, petitioner concedes an underpayment of tax             
          for 1999.  On March 28, 2001, the date he made the request,                 
          petitioner paid $5,753 to respondent to be credited against the             
          unpaid 1999 liability and claimed credit in the amount of $500              
          for two previous payments (the total of the three payments being            
          $6,253), which petitioner claimed satisfied his one-half of the             
          then outstanding tax liability.  Petitioner requested “equitable            
          relief” from the remaining 1999 liability.  Petitioner based his            
          request on his belief that the settlement agreement obligated him           
          to pay only one-half of the 1999 tax liability.                             
               Respondent’s principal reason for denying the request was              
          his disagreement with the petitioner that the settlement                    








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