- 3 - 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 settlementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011