Carolyn A. Glenn - Page 14

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          Cir. 2002).  In deciding whether respondent’s determination that            
          petitioner is not entitled to relief under section 6015(f) was an           
          abuse of discretion, we consider evidence relating to all the               
          facts and circumstances.                                                    
               Respondent contends:  (1) Petitioner voluntarily signed the            
          2001 joint Federal income tax return which reported the section             
          401(k) distribution of $165,838; (2) the proceeds of the section            
          401(k) plan were put into joint savings and checking accounts to            
          which petitioner had access; (3) petitioner obtained benefits               
          from the section 401(k) distribution proceeds through the use of            
          those proceeds to pay off petitioner’s and Mr. Glenn’s joint                
          liabilities; (4) petitioner would not suffer economic hardship if           
          the Service did not grant relief from the income tax liability;             
          and (5) petitioner has not demonstrated that she made a good                
          faith effort to comply with Federal income tax laws.  Respondent            
          asserts that these factors weigh against granting relief to                 
          petitioner.  We now address each of the factors of Rev. Proc.               
          2003-61, sec. 403, separately.                                              
          1.  Marital Status                                                          
               During 2001, petitioner and Mr. Glenn were married and                 
          resided in the same household; however, they occupied separate              
          rooms in the household and considered themselves separated.                 
          Petitioner filed for divorce in October of 2001.  Petitioner and            








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