- 5 - On July 9, 2003, petitioner appealed to respondent’s Appeals Office on the grounds that she filed jointly to lower Mr. Puckett’s tax liability and with the understanding that Mr. Puckett would pay the tax owing. On November 3, 2004, respondent issued a Notice Of Determination Concerning Your Request For Relief Under The Equitable Relief Provision Of Section 6015(f). In the notice, respondent determined (1) that petitioner failed to meet her burden of establishing that she had a reasonable belief that the taxes would be paid timely and (2) that petitioner failed to establish that she would suffer an economic hardship if she were required to pay some or all of the tax. Petitioner filed an imperfect petition, followed by an amended petition, contesting respondent’s determination.3 The amended petition stated: The debt was due to my ex-husband not paying his social security taxes. I had been instructed by my accountant to sign a joint tax return even though I was separated from my ex-husband in an attempt to “help with divorce relations” by lowering the amount he owed. And also told I would not be held responsible. I was then told by them to file an innocent spouse form which a former IRS caseworker told me 2 months ago “never works”. 3 Mr. Puckett did not file a Notice of Intervention under Rule 325(b). He did, however, file a statement with respondent’s Appeals Office stating that he was assured by both his accountant and his wife that there would not be any taxes due for 2000 because of the losses related to his wife’s business.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