Joan Phyllis Levy - Page 44

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          those tax liabilities and his serious gambling problem.  In                 
          addition, as respondent acknowledges, those liabilities were                
          solely attributable to Levy, and petitioner and he were separated           
          at the time she filed her Form 8857.  Levy also had a legal                 
          obligation pursuant to their marital settlement agreement to pay            
          those liabilities.  Although petitioner significantly benefited             
          from the unpaid liabilities and failed to establish that she                
          would suffer economic hardship if relief from those liabilities             
          were not granted to her, other important factors favor granting             
          relief.  The factors weighing in favor of granting petitioner               
          relief for 1991 through 1995 outweigh those weighing against                
          granting her relief.  Based upon our examination of the entire              
          record before us, we conclude that it would be inequitable to               
          hold petitioner liable for the 1991 through 1995 tax liabilities.           
          See Vuxta v. Commissioner, T.C. Memo. 2004-84; Ferrarese v.                 
          Commissioner, T.C. Memo. 2002-249.                                          
               We further conclude that petitioner has failed to carry her            
          burden of establishing that respondent abused his discretion in             
          denying her relief under section 6015(f) for 1996 through 1999.             
          Among other things, petitioner had reason to know that Levy would           
          not pay the 1996 through 1999 tax liabilities at the time she               
          signed the returns for those years.  This is an extremely strong            
          factor weighing against granting her relief for those years.                
          Rev. Proc. 2000-15, sec. 4.03(2)(b), 2000-1 C.B. at 449; see also           






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