- 11 - Eleanor Collins [petitioner][6] has requested relief from tax liability as an innocent spouse for the tax years shown above. If the IRS grants relief, this would relieve your spouse, in whole or in part, from having to pay the income tax owed on these years. * * * Our Examination function denied the request, Eleanor Collins then asked our Appeals function to review the request. We are contacting you to see if you have any additional information that you’d like to provide. You may bene- fit from participating in this administrative appeal proceeding, since we’ll make our decision based on all the information we receive. Should Eleanor Collins receive an innocent spouse classification, the tax liability in whole or in part will be yours alone. I’m available to meet with you in an informal confer- ence if you’d like. You can present your position at this conference. You can also participate by sending us material and information that support your position. Because of our time frames in dealing with appeals, I need to hear from you within the next 30 days. On July 22, 2004, the Appeals Office completed a document entitled “Appeals Transmittal and Case Memo” (Appeals Office memorandum) that stated in pertinent part: SUMMARY AND RECOMMENDATION Does Eleanor M. Simon qualify as an innocent spouse under IRC section 6015 for tax year ending 1998? No, the taxpayer does not qualify for relief as an innocent spouse for tax year 1998. The amount of $10,103 of the $12,072 deficiency is allocable to the Non-requesting Spouse (NRS); however, the Cincinnati Service Center disallowed the claim for relief in full because the taxpayer did not have a belief the tax would be paid in full at the time of signing the joint return. I sustain their determination. 6Sometime after petitioner and Mr. Simon divorced, peti- tioner remarried.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011