Michael R. Motsko, Petitioner, and Cheryl Manns, Intervenor - Page 16

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               When the table is reset to reflect our findings, it looks              
          like this:                                                                  

            Weighs for Relief          Neutral           Weighs against               
                                                             Relief                   
                                                      Knowledge                       
                                                      No economic hardship            
          No significant                              Significant benefit             
          benefit--1993                               --1996                          
                                 Later compliance                                     
                                 with Federal tax                                     
                                 laws                                                 
                                                      Liability                       
                                                      attributable to                 
                                                      petitioner.                     
                                 No divorce decree.                                   
          Separated or                                                                
          divorced.                                                                   
                                 No abuse present.                                    

               The final tally--even for the more favorable year, 1993--is            
          two factors weighing toward relief, three neutral, and four                 
          weighing against.  We agree with the Commissioner that Motsko and           
          Manns’s separation, and Motsko’s lack of significant benefit in             
          1993, are outweighed by the three negative factors (knowledge,              
          economic hardship, and attribution) present--especially since               
          knowledge or reason to know that a tax would be unpaid is “an               
          extremely strong factor weighing against relief, Rev. Proc. 2000-           

               8(...continued)                                                        
          spouse asking for relief--could be a positive factor.  Ewing, 122           
          T.C. at 48.  But the wrongdoing in Ewing was underpaying the                
          taxes, not filing feloniously false returns, and Manns’s crimes             
          did not affect the two tax years litigated in this case.                    



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