Joan Phyllis Levy - Page 27

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          1.  Requesting Spouse’s Legal Obligation Factor                             
               Petitioner and Levy’s marital settlement agreement placed              
          the legal obligation to pay the unpaid 1991 through 1999 tax                
          liabilities exclusively on Levy.  Respondent notes, however, that           
          Rev. Proc. 2000-15, sec. 4.03(1)(3), 2000-1 C.B. at 449, provides           
          that this will not be a factor weighing in favor of relief if               
          petitioner knew or had reason to know, at the time the divorce              
          agreement was entered, that Levy would not pay the tax                      
          liabilities.  Respondent argues:                                            
                    During June of 2001, respondent levied real estate                
               commissions the petitioner earned.  *  *  *                            
                    The petitioner filed her request for innocent                     
               spouse relief on June 11, 2001.   *  *  *                              
               Approximately ten months later, on April 12, 2002,                     
               petitioner entered into a Marital Settlement Agreement                 
               with [Levy].  *  *  *                                                  
                    It would be incredible for the petitioner to argue                
               that she had no reason to know that [Levy] would not                   
               honor the terms of the Marital Settlement Agreement                    
               considering [Levy’s] history of noncompliance with the                 
               requirements of Federal tax law.  Moreover, the fact                   
               that petitioner continued to pursue I.R.C. sec. 6015                   
               relief even after the Marital Settlement Agreement                     
               obligated [Levy] to pay the delinquent taxes supports a                
               finding that petitioner knew [Levy] would not honor the                
               terms of that agreement.  Indeed, any doubts the                       
               petitioner may have had about [Levy] complying with the                
               terms of the Marital Settlement Agreement were resolved                
               by August, 2002, at which time [Levy] filed for                        
               bankruptcy.                                                            
               We reject respondent’s argument that petitioner knew or had            
          reason to know that Levy would not pay the 1991 through 1999 tax            
          liabilities at the time they entered their marital settlement               






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