Michael R. Motsko, Petitioner, and Cheryl Manns, Intervenor - Page 15

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          84% of the total income for the year even though Motsko argues              
          that he never saw a penny from the lowboy sale.                             
               The agent seems to have concluded that Motsko earned all               
          revenue coming from Evergreen Trucking and Manns earned                     
          everything that come from the Hydraulics Center.  This is                   
          questionable--the couple seemed to divide the labor in both                 
          businesses fairly equally.  Even though we acknowledge that                 
          Motsko may just be an employee of the Hydraulics Center instead             
          of a partner, the fact remains that the revenue agent attributed            
          all the income from the Hydraulics Center to Manns.  Neither of             
          the parties provided us with evidence to rebut the revenue                  
          agent’s conclusion.  What we do know, however, is that at least             
          part of the taxes due can be attributed to the income-producing             
          activities of Motsko.  Thus, this factor weighs against relief.             
               Payment responsibility:  Motsko and Manns did not have a               
          final divorce decree when the case was tried, so this factor is             
          neutral.                                                                    
               Other Factors:  Motsko also urges us to consider Manns’s               
          sole responsibility for the tax crimes stemming from their                  
          returns as a positive factor.  While we encourage all taxpayers             
          to avoid indictment, we also think doing so should be presumed              
          rather than rewarded as a positive factor in seeking innocent               
          spouse relief.8                                                             


               8 In Ewing, we did state that failure to “participate in any           
          wrongdoing”--at least when that wrongdoing was concealed from the           
                                                             (continued...)           



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