Eleanor Simon - Page 8

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               separated, or they had been members of separate                        
               households prior to the claim for at least 12                          
               consecutive months                                                     
               Can’t prove a belief that tax was to be paid                           
               Explanation:        At this time and the previous year                 
                                   he had taken large amounts out of                  
                                   his IRA, this is the main cause of                 
                                   the balance due.  She didn’t                       
                                   examine the return to see tax was                  
                                   due.                                               
                                        Tier I factors (full scope)                   
                                        not met                                       
               Tier II factors:                                                       
               Taxpayers are currently divorced, widowed,        For                  
               legally separated, or they had been members of                         
               separate households prior to the claim for at                          
               least 12 consecutive months                                            
               No economic hardship                            Against                
               Explanation:        per claimant                                       
               No marital abuse                                                       
               No legal obligation established                                        
               The liability is not solely attributable to    Against                 
               the non-requesting spouse                                              
               Erroneous items:    see allocation sheet, using the                    
                                   percentage method on the itemized                  
                                   deduction means part is                            
                                   attributable to her.                               
                    Knowledge:                                                        
                    Background:                                                       
                    Claimant -     college        Spouse - college                    
                    Involvement:                                                      
                    Claimant -     she said she   Spouse -                            
                                   paid part of                                       
                                   the bills but                                      
                                   had no access                                      
                                   to his individual                                  
                                   accounts                                           
                    Lifestyle changes:       none known                               
                    Spouse’s elusiveness:    she said he took out the                 
                                             money and didn’t tell her                
                    Duty to inquire:         no review of the return,                 
                                             he said he rushed her and                
                                             didn’t give her time                     
                    Living arrangements:     she said separated 3-98                  
                                             but court papers say 5-5-                
                                             99                                       





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