- 19 - weighing in favor of granting relief. Rev. Proc. 2000-15, sec. 4.03(1)(d), 2000-1 C.B. at 449. By contrast, the fact that the requesting spouse knew or had reason to know that the reported liability would be unpaid is a strong factor weighing against relief. Id. sec. 4.03(2)(b). When petitioner signed the 2000 joint return in August 2001, $13,000 remained in the Paine Webber account. Petitioner knew that she and Mr. Sturges did not have funds available at that time to pay the $141,302 tax liability shown as unpaid on the return. We do not think that petitioner honestly believed that Mr. Sturges could pay the tax from proceeds from the Tiburon options. The section 83(b) election attached to the return states that Mr. Sturges paid $57,050.10 (30 cents per share) for 190,167 shares of Tiburon restricted stock on October 23, 2000. Petitioner produced no evidence that the stock had increased in value since the purchase date. Petitioner testified that by October 2001 Tiburon was failing and that in November 2001 Mr. Sturges left Tiburon. Petitioner and Mr. Sturges attached to the return a statement signed by Mr. Sturges that he would be filing an offer- in-compromise. Petitioner and Mr. Sturges filed their first offer-in-compromise offering to compromise their 2000 tax liability for $1 on October 22, 2001. We conclude thatPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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