- 16 - not know and had no reason to know that the liability would not be paid is a factor weighing in favor of granting relief. Rev. Proc. 2003-61, sec. 4.03(2)(a)(iii). By contrast, the fact that the requesting spouse knew or had reason to know that the reported liability would go unpaid is a factor weighing against relief. Id. The examiner determined that petitioner did not satisfy this condition in favor of granting relief because petitioner did not have a reasonable belief that any portion of the underpayments would be paid at the time she signed the returns. Petitioner stipulated that at the time she signed the 1992, 1993, 1994, 1995, 1996, 1997, and 1998 Forms 1040, she knew there were balances due for each of the tax years and she knew that the balances due would not be paid because she and Mr. Griffin were in bankruptcy and had no funds with which to pay the taxes. Thus, we find that petitioner knew or had reason to know that the reported liabilities would not be paid. This factor favors denying relief to petitioner. 3. Requesting Spouse’s Legal Obligation Petitioner’s divorce decree specifically states: [petitioner and Mr. Griffin] shall be equally responsible for all federal income tax liabilities of the parties from the date of marriage through December 31, 2001, 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011