Rhea Ione Supplee Negoescu - Page 9

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          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:                               









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