- 27 - 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 settlementPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011