Joan Phyllis Levy - Page 36

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               Prior to the time she signed the returns for 1996 through              
          1999, petitioner (1) knew respondent had taken collection actions           
          for 1979 involving levies upon Levy’s accounts during March and             
          April of 1997, and (2) had signed a tax collection waiver on May            
          22, 1997, showing that she and Levy still owed an unpaid tax                
          liability of more than $49,000 for 1979.  We conclude that                  
          petitioner had reason to know that Levy would not pay the 1996              
          through 1999 balance due amounts at the time she signed the                 
          returns for those years.  See Knorr v. Commissioner, T.C. Memo.             
          2004-212.                                                                   
               This factor weighs in favor of granting petitioner relief              
          for 1991 through 1995, but weighs against granting petitioner               
          relief for 1996 through 1999.                                               
               5.  Significant Benefit Factor                                         
               Rev. Proc. 2000-15, sec. 4.03(2)(c), 2000-1 C.B. at 448,               
          provides that the requesting spouse significantly benefiting                
          (beyond normal support) from the unpaid liability is a factor               
          weighing against granting her relief.  Section 4.03(2)(c) of Rev.           
          Proc. 2000-15, supra, references former section 1.6013-5(b),                
          Income Tax Regs., for purposes of determining whether the                   
          requesting spouse received a significant benefit.15  Although               

               15 Former sec. 1.6013-5(b), Income Tax Regs. (Aug. 5, 1974),           
          provided, in pertinent part:                                                
               In making such a determination a factor to be                          
                                                             (continued...)           





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