Debra Kay Forister - Page 12

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          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 section               






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