Marilyn Stringham, a.k.a. Marilyn Olsen, Petitioner, and Forrest Bird, Intervenor - Page 12

                                       - 11 -                                         
          Regs.  Petitioner has not alleged that denial of her request for            
          relief would result in economic hardship.  She is gainfully                 
          employed and has no dependents to support.  The Court fails to              
          see, and petitioner has not established, that she would suffer              
          economic hardship if her request for relief from joint liability            
          were denied.                                                                
               As to the third factor, as discussed earlier, petitioner had           
          actual knowledge that intervenor was making early IRA                       
          withdrawals.  Therefore, petitioner knew when she signed her                
          joint return for the year at issue that there was an                        
          understatement of tax since these withdrawals were not included             
          as income.  Rev. Proc. 2003-61, specifically states that actual             
          knowledge by the requesting spouse of the item giving rise to the           
          deficiency is a strong factor weighing against relief.  This                
          strong factor may only be overcome if the factors in favor of               
          equitable relief are particularly compelling.                               
               The fourth and sixth factors are neutral.  There was no                
          legal obligation on either party to pay for the liability for the           
          year at issue, and there is no evidence that petitioner either              
          failed to comply with or fully complied with tax obligations.6              


               6In determining whether petitioner complied or failed to               
          comply with tax obligations, the Court notes that petitioner did            
          not allege she suffered any abuse, mental or physical, from                 
          intervenor.  In addition, petitioner presented no evidence that             
          she was in poor mental or physical health either when she signed            
          the return or when she filed her request for relief.                        





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

Last modified: May 25, 2011