Wendy L. Chadwick - Page 22

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         record in the case at bar, we find petitioner knew or had reason             
         to know that the reported liability would be unpaid at the time              
         the return was signed.  This factor favors denying relief to                 
         petitioner.                                                                  
         5.  Nonrequesting Spouse’s Legal Obligation                                  
              As previously noted, petitioner and Mr. Tillotson were                  
         divorced on November 27, 2000, by a divorce decree entered by the            
         District Court of Hunt County, Texas.  The divorce decree states,            
         in pertinent part:                                                           
                   IT IS ORDERED AND DECREED that DAVID ALLEN TILLOTSON               
              and WENDY LANETTE TILLOTSON shall be equally responsible for            
              all federal income tax liabilities of the parties from the              
              date of marriage through December 31, 1998, and each party              
              shall timely pay 50 percent of any deficiencies,                        
              assessments, penalties, or interest due thereon and shall               
              indemnify and hold the other party and his or her property              
              harmless from 50 percent of such liabilities unless such                
              additional tax, penalty, and/or interest resulted from a                
              party’s omission of taxable income or claim of erroneous                
              deductions.  In such case, the portion of the tax, penalty,             
              and/or interest relating to the omitted income of claims of             
              erroneous deductions shall be paid by the party who earned              
              the omitted income or proffered the claim for an erroneous              
              deduction.  The parties agree that nothing contained herein             
              shall be construed as or is intended as a waiver of any                 
              rights that a party has under the “Innocent Spouse”                     
              provisions of the Internal Revenue Code.                                
              Rev. Proc. 2000-15, sec. 4.03(1)(e), indicates that if Mr.              
         Tillotson had a legal obligation under the divorce decree to pay             
         the tax liabilities, then that fact would weigh in favor of                  
         granting relief to petitioner.  Likewise, if the divorce decree              
         placed the obligation to pay the taxes on petitioner, then that              
         fact would weigh against granting relief to her as indicated in              





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