Joan Phyllis Levy - Page 29

                                       - 29 -                                         
          liabilities) would not bar respondent from undertaking future               
          collection action against petitioner upon the unpaid tax                    
          liabilities.  Although Levy earned substantial income as an                 
          oncological surgeon, he lacked current assets sufficient to pay             
          the tax liabilities.  Additionally, if petitioner were granted              
          relief as an innocent spouse from joint liability for 1991 under            
          section 6015(b) or (f), she would be entitled to a $24,300.13               
          refund attributable to  previously levied real estate                       
          commissions.  See sec. 6015(g)(1), (3); Washington v.                       
          Commissioner, 120 T.C. at 153-154.                                          
               This factor weighs in favor of granting petitioner equitable           
          relief for 1991 through 1999.  Cf. Knorr v. Commissioner, T.C.              
          Memo. 2004-212.                                                             
               2.  Abuse Factor                                                       
               Petitioner does not assert that she was abused by Levy or              
          otherwise coerced into executing the 1991 through 1999 joint                
          returns.  Lack of spousal abuse is not a factor listed in section           
          4.03(2) of Rev. Proc. 2000-15, 2000-1 C.B. at 449, that weighs              
          against granting equitable relief.  Therefore, this factor is               
          neutral.  See Washington v. Commissioner, supra at 149.                     
               3.  Economic Hardship Factor                                           
               Rev. Proc. 2000-15, sec. 4.02(1)(c), 2000-1 C.B. at 448,               
          provides that the determination of whether a requesting spouse              
          will suffer economic hardship if relief is not granted will be              






Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011