- 11 - joint return will ordinarily be granted by the Commissioner if all three of the following criteria are met: (1) The requesting spouse is divorced, is legally separated, or has been physically separated for 1 year from the nonrequesting spouse at the time relief is requested; (2) the requesting spouse did not know or have reason to know that the income tax liability would not be paid at the time the joint return was signed; and (3) the requesting spouse will, absent relief, suffer economic hardship. Although she was divorced from her husband at the time relief was requested, petitioner was aware that the income tax liability for taxable year 2000 would not be paid at the time she signed the return. Petitioner admitted at trial that, even had she reviewed the return and discovered the underpayment, she and her former spouse did not have the funds to pay the tax liability. Additionally, in her Form 12510, petitioner indicated that there were no funds available to pay the tax at the time of filing because she and her former spouse were having financial problems at that time and had difficulty paying monthly living expenses. Because petitioner knew that the income tax liability would not be paid at the time the return was signed, there was no abuse of discretion in denying her relief from the underpayment pursuant to Rev. Proc. 2000-15, sec. 4.02. Rev. Proc. 2000-15, sec 4.03, 2000-1 C.B. at 448, provides factors to be evaluated for requests for relief under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011