- 10 - This factor is neutral. Later compliance: Negoescu and Supplee did not make full and timely payment for their 1993 tax bill. Though Negoescu did have money withheld from her job at the hospital, and though she also paid an additional $833 with the return, she was still short $747. The full amount, including interest and penalties, was not paid until 1995, when her expected refund for 1994 was credited to the balance due. This means that she has not consistently complied with the Federal tax laws by making timely payments. This factor weighs against her. Knowledge: As we mentioned above, Negoescu knew when she signed the 1991 and 1992 tax returns that the liabilities shown on those returns would not be paid. This factor also weighs against her. Furthermore, the revenue procedure states, “This is an extremely strong factor weighing against relief,” making this factor more important than the others. Rev. Proc. 2000-15, sec. 4.03(2)(b), 2000-1 C.B. 447. Economic Hardship: The factor forces us to ask whether Negoescu would be able to pay her reasonable basic living expenses if she does not receive relief. Alt, 119 T.C. at 314- 315. While she claims that her monthly expenses are more than her monthly income, she did not show any documentary evidence that this is true. She testified that her monthly wages from her job at the hospital were about $2400 a month. She also receivedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011