Shuang-Di Sun Bennett - Page 31

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               I.  Conclusion                                                         
               In regard to petitioner’s share of items of community income           
          reported on her return ($15,692.50 share of “wages”, $361.50 of             
          taxable interest, and $1,090 of IRA distribution), petitioner’s             
          marital status, lack of knowledge or reason to know of the wages            
          from Premium Fresh Juice, a lack of significant benefit, and poor           
          mental health weigh in favor of granting equitable relief.  There           
          was insufficient evidence for us to evaluate petitioner’s                   
          economic hardship, Mr. Bennett’s legal obligation pursuant to a             
          divorce decree or agreement, and her compliance with income tax             
          laws in subsequent years.  None of the factors under Rev. Proc.             
          2003-61, supra, weighed against relief with respect to her                  
          community share of the wages reported on her return, and the only           
          factor weighing against relief with respect to her community                
          share of the taxable interest and IRA distribution is that she              
          had knowledge or reason to know of them.  Therefore, we conclude            
          that it is inequitable to hold petitioner liable for her share of           
          the purported wages of $15,692.50 reported on her return, but               
          that she remains liable for $361.50 in taxable interest and                 
          $1,090 in IRA distributions.                                                
               With respect to petitioner’s community share of the items of           
          community income reported on Mr. Bennett’s return ($20,027 of               
          wages, $2,417 of taxable interest, and $6,125 of other income),             
          the factors weigh as they do for the items on petitioner’s                  






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