Joan Phyllis Levy - Page 42

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          granting petitioner relief for 1999, as some of the liability for           
          that year is attributable to her.                                           
               Because the weight of all other factors weighs against                 
          granting petitioner relief for the taxable years 1996 through               
          1999, we need not decide the extent to which the attribution                
          factor affects granting petitioner relief for 1999.                         
               8.  Other Factor                                                       
               Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448,                     
          acknowledges that the factors listed therein are not exhaustive.            
          Despite this, respondent did not consider the fact that                     
          petitioner did not participate in any wrongdoing with respect to            
          the unpaid 1991 through 1995 tax liabilities.  As previously                
          discussed, petitioner from the time she signed the returns for              
          those years until 1997, reasonably believed Levy would pay the              
          1991 through 1995 balance due amounts.  The problem originated              
          with Levy, who, as discussed above, concealed from petitioner his           
          nonpayment of those tax liabilities and his serious gambling                
          problem.  See Ewing v. Commissioner, 122 T.C. at 48-49 (holding             
          that husband’s concealment from taxpayer of his nonpayment of tax           
          liability was a factor supporting taxpayer’s claim for relief               
          under section 6015(f)).                                                     
               With respect to the 1996 through 1999 tax liabilities,                 
          however, as discussed supra, petitioner had reason to know Levy             
          would not pay those liabilities at the time she signed the                  






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