Joan Phyllis Levy - Page 41

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          2002, almost 8 months after it was due; and (4) she paid the tax            
          she owed for 2002 on October 19, 2003, about 6 months after it              
          was due.                                                                    
               We agree with respondent that petitioner failed to make a              
          good faith effort to comply with income tax laws for tax years              
          following the tax years in issue, 1991 through 1999.  See Castle            
          v. Commissioner, T.C. Memo. 2002-142 (requesting spouse failed to           
          establish compliance factor did not apply against her where she             
          provided no explanation for filing return for subsequent tax year           
          more than 1 year late); cf. Ewing v. Commissioner, 122 T.C. at              
          46-47.                                                                      
               This factor weighs against granting petitioner relief.                 
               7.  Attribution Factor for 1999                                        
               As previously discussed, respondent acknowledges that the              
          attribution factor weighs in favor of granting petitioner relief            
          for 1991 through 1998.  Section 4.03(1)(f) of Rev. Proc. 2000-15,           
          2000-1 C.B. at 448-449, provides that the fact that the liability           
          for which relief is sought is solely attributable to the                    
          nonrequesting spouse weighs in favor of relief.  Section                    
          4.03(2)(a) of Rev. Proc. 2000-15, 2000-1 C.B. at 449, provides              
          that the fact that the unpaid liability is attributable to the              
          requesting spouse weighs against granting relief.  Respondent               
          contends that the attribution factor does not weigh in favor of             







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