- 8 - We first review each of the following six factors weighing against relief, as listed under section 4.03(2), 2000-1 C.B. at 449, of the revenue procedure: a. Attributable to Nonrequesting Spouse The unpaid liabilities are solely and fully allocable to Mr. Vuxta. This factor is squarely in favor of petitioner. b. Knowledge, or Reason To Know If a requesting spouse knew or had reason to know that the reported liability would be unpaid at the time the return was signed, this is an “extremely” strong factor weighing against relief. Rev. Proc. 2000-15, 4.03(2)(b). With respect to the unpaid liabilities for the 1990 and 1991 taxable years, petitioner knew or had reason to know that such liabilities would be unpaid at the time the respective returns were signed. The bankruptcy case was still pending when petitioner and Mr. Vuxta filed their joint Federal income tax return for the 1991 taxable year on May 30, 1996. The filing of the return for the 1990 taxable year on September 23, 1991, preceded the filing of their bankruptcy petition on May 1, 1992, only by a little over 7 months. Petitioner indicated that she believed her husband had entered into payment plans for the unpaid tax liabilities, although it is unclear as to which taxable years. The situation, however, is different with respect to the unpaid liability for the 1989 taxable year. More than 19 monthsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011