Marilyn Stringham, a.k.a. Marilyn Olsen, Petitioner, and Forrest Bird, Intervenor - Page 9

                                        - 8 -                                         
          activity began.  Sec. 6015(c)(3).  Furthermore, relief under                
          section 6015(c) is not available to a taxpayer if it is shown               
          that the taxpayer had actual knowledge when signing the return of           
          any “item” giving rise to a deficiency.  Sec. 6015(c)(3)(C).                
               As previously discussed, petitioner is divorced from                   
          intervenor, and the divorce was finalized before she requested              
          relief from joint and several liability.  Also, she filed a                 
          timely Form 8857 to request relief.  Therefore, the remaining               
          requirement petitioner is required to meet to be eligible for               
          relief under section 6015(c) is to prove she had no actual                  
          knowledge of the income item leading to the underpayment.                   
               The Court has held that petitioner not only had reason to              
          know of the understatement, but also she had actual knowledge of            
          at least part of the “item”, intervenor’s early IRA withdrawals,            
          giving rise to the understatement.  Because petitioner had actual           
          knowledge of intervenor’s IRA withdrawals, she is precluded from            
          claiming relief under section 6015(c).                                      
               Because petitioner is not eligible for relief under section            
          6015(b) and (c), she falls under the equitable relief provision             
          of section 6015(f).  Section 6015(f) provides, in part, that a              
          taxpayer may be relieved from joint and several liability if it             
          is determined that, taking into account all the facts and                   
          circumstances, it is inequitable to hold the taxpayer liable for            
          the unpaid tax, and relief is not available under section 6015(b)           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011