- 16 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011