- 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