- 19 - determinative, but that all relevant factors, regardless of whether the factor is listed in Rev. Proc. 2003-61, sec. 4.03, will be considered and weighed. Petitioner executed the 2001 return voluntarily. The distribution which led to the 10-percent additional tax pursuant to section 72(t) was a distribution from petitioner’s own section 401(k) plan. Petitioner had actual knowledge of the factual basis for the 10-percent additional tax. Petitioner personally used the proceeds from the distribution to pay for living expenses incurred by him, Ms. Glenn, and their children. Also, petitioner used the proceeds from the distribution to pay credit card debts and a second mortgage, for which petitioner and Ms. Glenn were jointly liable. Furthermore, we find no basis for concluding that petitioner would suffer undue financial hardship in being liable for the additional unpaid 2001 tax liability. While petitioner may have a claim to indemnity under State law for half of the payment of the additional tax liability incurred because of the 10-percent additional tax, we find that no factors considered support the conclusion that petitioner is entitled to relief under section 6015(f), and petitioner’s request for relief pursuant to section 6015 will be denied.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011