Ana Maria Rodriguez - Page 13

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          the return.  The amount of $15,500 was reflected on the return as           
          a pension distribution.  It appears that the actual reporting of            
          $1,550 of income was an error made by the preparer.  Given that             
          the $15,500 was reflected on the return, we conclude that                   
          petitioner knew or had reason to know of the pension                        
          distribution.  Hayman v. Commissioner, 992 F.2d 1256, 1262 (2d              
          Cir. 1993), affg. T.C. Memo. 1992-228; Levin v. Commissioner,               
          T.C. Memo. 1987-67.                                                         
               (iv)  Nonrequesting spouse’s legal obligation.  There was no           
          legal obligation pursuant to a divorce decree or agreement.  This           
          factor is neutral.                                                          
               (v) Significant benefit.  A significant benefit is a benefit           
          in excess of normal support.  Sec. 1.6015-2(d), Income Tax Regs.            
          Petitioner did not live with her husband during the year in                 
          issue.  She worked as a nanny, and there is no evidence that                
          petitioner received any benefit beyond normal support from Mr.              
          Rodriguez.  This factor is neutral.                                         
               (vi)  Compliance with income tax laws.  The question is                
          whether the taxpayer has made a good faith effort to comply with            
          tax laws in tax years subsequent to the years for which relief is           
          requested.  This factor is neutral as there is no evidence that             
          petitioner has either failed to comply with or fully complied               
          with tax obligations.                                                       







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