Andrea J. Vuxta - Page 8

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               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 months            






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