- 8 - transfer property to anyone to avoid paying taxes. Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448. The Commissioner admits that Negoescu meets all these conditions. The revenue procedure then provides for a safe harbor; if Negoescu met these conditions, she would ordinarily get relief. Rev. Proc. 2000-15, sec. 4.02. To qualify, Negoescu must show that (a) she is either separated or divorced, (b) she did not know when she signed the returns that the tax liabilities would not be paid, and (c) she would suffer economic hardship if she doesn’t get relief. Id. Negoescu did show that she and Supplee are divorced; however, we find that she knew that the taxes would not be paid. Since she was keeping the books of both Red Hawk Express and her own checking account, she knew that she and Supplee did not have the money to pay the taxes due. Negoescu’s knowledge of the delinquent tax payments means she fails to meet the safe harbor. This leaves a balancing test--eight factors to consider before deciding if relief would be “equitable.” Rev. Proc. 2000- 15, sec. 4.03. These factors are not the only ones which the Commissioner and we can look at, but they are where we start. Id.; Ewing v. Commissioner, 122 T.C. 32, 47-48 (2004). We can summarize those factors in a table:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011