- 7 - during the 12-month period ending on the date relief was requested (first element); (b) At the time the return was signed, the requesting spouse had no knowledge or reason to know that the tax would not be paid. The requesting spouse must establish that it was reasonable for the requesting spouse to believe that the nonrequesting spouse would pay the reported liability. If a requesting spouse would otherwise qualify for relief under this section, except for the fact that the requesting spouse had no knowledge or reason to know of only a portion of the unpaid liability, then the requesting spouse may be granted relief only to the extent that the liability is attributable to such portion (second element); and (c) The requesting spouse will suffer economic hardship if relief is not granted. For purposes of this section, the determination of whether a requesting spouse will suffer economic hardship will be made by the Commissioner or the Commissioner's delegate, and will be based on rules similar to those provided in �301.6343-1(b)(4) of the Regulations on Procedure and Administration (third element). Respondent concedes that petitioner satisfied the first element because her divorce from intervenor was finalized before she filed her petition for relief from joint and several liability. In addition, respondent concedes that petitioner would suffer economic hardship if she were required to pay the remaining liability and, therefore, satisfies the third element. The parties, however, dispute whether petitioner has satisfied the second element, whether petitioner did not know or have reason to know when the requesting spouse signed the return that the tax would not be paid. Accordingly, the issue for the Court is whether petitioner established that it was reasonable for her to believe that intervenor would pay the reported liability. WiestPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011