Joan Phyllis Levy - Page 11

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          petitioner $4,400 per month in alimony.  Their Marital Settlement           
          Agreement specified that for tax purposes the $4,400 monthly                
          payment would not be includable in petitioner’s gross income and            
          would not be deductible by Levy.                                            
               Their Marital Settlement Agreement provided that Levy would            
          be solely responsible for the 1991 through 1999 tax liabilities             
          (which were estimated to total over $718,000 as of June 28, 2001)           
          and the previously discussed 1979 deficiency.3                              
               On August 23, 2002, Levy filed a petition with the United              
          States Bankruptcy Court for the Southern District of Florida,               
          seeking relief under Chapter 7 of the Bankruptcy Code.  On                  
          December 2, 2002, Levy was granted a discharge in his bankruptcy            
          proceeding, discharging him from, among other things, his 1979              
          and 1991 through 1999 Federal income tax liabilities.                       
          E.  Petitioner’s Request for Relief From Joint Liability for Tax            
          Under Section 6015                                                          
               On June 12, 2001, petitioner filed with respondent Form                
          8857, Request for Innocent Spouse Relief, in which she sought               
          relief from joint liability for 1979 and 1991 through 1999.                 
          Petitioner’s Form 8857 stated, in pertinent part:                           
               The taxpayer [petitioner] has been living in a separate                
               dwelling from her husband from late in 1994 through                    
               current.  Although the taxpayer filed jointly with her                 

               3 The agreement refers to a 1989 deficiency, not the 1979              
          deficiency.  We infer from the nature of this controversy and the           
          entirety of the record that the agreement intended to refer to              
          the 1979 deficiency.                                                        





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