Yvonne C. Lopez - Page 18

                                       - 18 -                                         
               2.   Negative Factors                                                  
                    a.   Attributable to the Requesting Spouse                        
               Because the unpaid liabilities are attributable to both                
          petitioner and Mr. Cowdery, this factor weighs against granting             
          petitioner equitable relief.                                                
                    b.   Knowledge or Reason To Know                                  
               As discussed, supra, we conclude that petitioner had reason            
          to know when she signed the returns that the tax liabilities                
          would not be paid.  This factor weighs heavily against granting             
          petitioner equitable relief.  Rev. Proc. 2000-15, sec.                      
          4.03(2)(b).                                                                 
                    c.   Significant Benefit                                          
               Respondent does not contend that petitioner significantly              
          benefited from the unpaid liabilities, and the record does not              
          reflect otherwise.  This factor weighs in favor of granting                 
          petitioner equitable relief.                                                
                    d.  Lack of Economic Hardship                                     
               As discussed, supra, petitioner has failed to establish that           
          she will suffer economic hardship if relief is not granted.                 
          This negative factor applies and weighs against granting relief.            
                    e.   Noncompliance With Federal Income Tax Laws in                
                         Subsequent Years                                             
               Respondent does not contend that this factor applies, and he           
          did not otherwise argue on brief or at trial that petitioner did            
          not make a good-faith effort to comply with her Federal income              





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011