- 16 - is a factor in favor of granting relief. Rev. Proc. 2003-61, sec. 4.03(2)(a)(iii)(B). By contrast, the fact that the requesting spouse knew or had reason to know of the item giving rise to the deficiency is a factor weighing against relief. Id. Petitioner contends that she did not know and had no reason to know of the distribution from Mr. Glenn’s section 401(k) plan which gave rise to: (1) The deficiency resulting from the 10- percent early withdrawal additional tax, and (2) the accuracy- related penalty imposed under section 6662(a). Petitioner testified: (1) It was Mr. Glenn’s sole responsibility to maintain their household finances; (2) she had no knowledge or control of their household finances during tax year 2001 or prior years; (3) she had no knowledge of the existence of Mr. Glenn’s section 401(k) plan maintained by his employer, Kronos, Inc., through T. Rowe Price, nor did she know that the proceeds were withdrawn by Mr. Glenn during tax year 2001 and placed into their joint accounts with Harris Trust & Savings Bank; and (4) she had no control of the proceeds which were placed into the joint accounts with Harris Trust & Savings Bank. However, petitioner voluntarily signed the 2001 joint return and admitted that she did not review the joint return before filing. The distribution from Mr. Glenn’s section 401(k) plan maintained by his employer, Kronos, Inc., through T. Rowe Price, was reported on petitioner and Mr. Glenn’s 2001 joint return.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