- 18 -
Petitioner contends that she did not know and had no reason
to know that Mr. Glaze did not report his wage income received
from Mayflower.
However, as previously stated, petitioner voluntarily signed
the 1995 joint return and admitted that she did review the joint
return before filing. Petitioner and Mr. Glaze maintained a
joint checking account. Both petitioner and Mr. Glaze deposited
their respective income into said joint checking account.
Petitioner occasionally reviewed the bank statements regarding
their joint checking account. Petitioner personally used moneys
from the joint checking account to pay household expenses.
Further, petitioner knew that Mr. Glaze drove a truck for
Mayflower and knew he was receiving wage income from Mayflower.
Also, the interest income from the U.S. Treasury was received in
both petitioner’s and Mr. Glaze’s names. Thus, petitioner knew
or had reason to know of the unreported income which gave rise to
the taxable year 1995 deficiency, addition to tax pursuant to
section 6651(a)(1), and the accuracy-related penalty pursuant to
section 6662. This factor favors denying relief to petitioner.
5. Nonrequesting Spouse’s Legal Obligation
As previously noted, petitioner and Mr. Glaze were divorced
on May 26, 1999, and a divorce decree was entered by the Circuit
Court of Shelby County, Tennessee. The divorce decree refers to
a “written Marital Dissolution Agreement” which provides for a
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: May 25, 2011