- 46 - In support of her position that the knowledge or reason to know element is present in the instant case, petitioner argues: Intervenor [Mr. Krasner], who was solely and fully responsible for making adequate withholdings from his professional corporation “learned” in late 1998 that he had underwithheld, and withheld this information from Petitioner until the return for 1998 was prepared in 1999. Intervenor had sole authority and ability to make the necessary transfers and deposits into the Krasners’ joint personal checking account from his business accounts. In addition, from late 1998 up until the due date of the tax return in question, Intervenor was experiencing over a fifty percent (50%) increase in his income. The court in Levy v. Commis- sioner, T.C. Memo. 2005-92 held in granting innocent spouse relief that where a party “...earned substantial income from which he had adequate funds to pay the reported...balance due amounts” provided a basis for Petitioner’s expectation that the taxes would be paid in full. It is not credible to have Intervenor on the one hand control the flow of funds into the Krasners’ account with which to pay the taxes, and on the other have him instruct Petitioner to set aside money to pay the outstanding delinquent taxes, with no access to funds, with which to do so. Therefore, this factor should weigh positively in favor of granting the relief requested by Petitioner. [Reproduced literally.] We turn first to petitioner’s reliance on Levy v. Commis- sioner, T.C. Memo. 2005-92. Levy is materially distinguishable from the instant case, and petitioner’s reliance on that case to support her position with respect to the knowledge or reason to know element is misplaced. In Levy, the (1) nonrequesting spouse (a) did not discuss with the requesting spouse the preparation and filing of the tax return in question or the payment of the tax shown due in that return, (b) exercised complete control over the household expenditures and the money that the requestingPage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011