Michael R. Motsko, Petitioner, and Cheryl Manns, Intervenor - Page 9

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               We begin our analysis with the revenue procedure’s list of             
          conditions that a person trying to win innocent spouse relief               
          under section 6015(f) must show.  These include proof that he               
          filed a joint return, did not qualify for relief under section              
          6015(b) or (c), and did not fraudulently transfer property to               
          anyone to avoid paying taxes.  Rev. Proc. 2000-15, sec. 4.01,               
          2000-1 C.B. 448.  Both Manns and the Commissioner admit that                
          Motsko meets all these conditions.                                          
               We next see if Motsko qualifies for the safe harbor under              
          section 4.02 of the Revenue Procedure.  Rev. Proc. 2000-15, sec.            
          4.02, 2000-1 C.B. 448.  The safe harbor has three conditions, and           
          if Motsko shows that he met them, he would ordinarily get relief.           
          One of the three, however, is that he did not know when he signed           
          the returns that the tax liability would not be paid.  To prove             
          this, Motsko must show (1) that when he signed the joint return,            
          he neither knew or had reason to know that tax reported on each             
          of the returns would not be paid; and (2) that it was reasonable            
          for him to believe that Manns would pay the reported tax for the            
          year.  Id.                                                                  
               We find that Motsko did not actually know in 1995 (when he             
          signed the 1993 return) that the tax would not be paid, but we do           
          find he had reason to believe it wouldn’t be.  Motsko is right to           
          say his wife had paid all of their reported taxes in the past,              
          but by 1995 he knew that their returns for several years were               






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