- 17 - party’s omission of taxable income or claim of erroneous deductions... Respondent contends that the fact that petitioner has a legal obligation under the divorce decree to pay the unpaid tax liabilities weighs against granting relief to petitioner. Rev. Proc. 2003-61, sec. 4.03(2)(a)(iv), indicates that if Mr. Griffin 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 had placed the obligation to pay the taxes on petitioner, then that fact would weigh against granting relief to petitioner as indicated in Rev. Proc. 2003-61, sec. 4.03(2)(a)(iv). In the present case, the divorce decree established that each party was liable for 50 percent of the liabilities. Therefore, this is a neutral factor. However, the fact that the divorce decree established that each party was liable for 50 percent of the liabilities does indicate that petitioner had a reasonable belief that such liabilities would not be paid in full by Mr. Griffin. 4. Significant Benefit The examiner determined that petitioner did not significantly benefit from the underpayments and thus found that this factor favored granting relief to petitioner. However, at trial, respondent argued that petitioner’s obtaining an associate’s degree was a significant benefit. During the period from 1992 to 1998, petitioner did obtain an associate’s degree.Page: 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