Deborah Ann Puckett - Page 13

                                       - 12 -                                         
               3.  Significant Benefit                                                
               There is no evidence that petitioner significantly benefited           
          beyond normal support from the unpaid liability.  Therefore, this           
          factor is neutral.                                                          
          B.  Factors Weighing in Favor of Granting Relief                            
               1.  Marital Status                                                     
               Petitioner and Mr. Puckett began living apart and separate             
          from each other in August 1999.  They were legally separated in             
          April 2002 and divorced in March 2003.  Consequently, this factor           
          weighs in favor of granting relief to petitioner.                           
               2.  Attributable to Nonrequesting Spouse                               
               Respondent concedes that the liability for which relief is             
          sought is solely attributable to Mr. Puckett.  This factor weighs           
          in favor of granting relief to petitioner.                                  
          C.  Factors Weighing Against Granting Relief                                
               1.  Knowledge or Reason To Know                                        
               The relevant knowledge in the case of a reported but unpaid            
          liability is whether when the return was signed, the taxpayer               
          knew or had reason to know “that the tax would not be paid.”                
          Washington v. Commissioner, supra; Rev. Proc. 2000-15, sec.                 
          4.03(1)(b), 2000-1 C.B. at 449.  Accordingly, we must consider              
          whether, “taking into account all the facts and circumstances”,             
          sec. 6015(f)(1), petitioner knew or had reason to know that Mr.             
          Puckett would not pay the tax shown as due on the return.                   






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