Marilyn Stringham, a.k.a. Marilyn Olsen, Petitioner, and Forrest Bird, Intervenor - Page 13

                                       - 12 -                                         
               Petitioner also fails to satisfy the fifth factor because,             
          although the early IRA withdrawals from which the liability                 
          arises are directly attributable to intervenor, petitioner                  
          received a significant benefit from the items giving rise to the            
          deficiency.  This benefit goes beyond that of normal support.  At           
          least a portion of the money intervenor withdrew from his IRA was           
          deposited into their joint bank account.  Although intervenor               
          testified that he used at least $3,000 of the money he withdrew             
          to assist his son with purchasing a home, he also testified that            
          part of the money was used to remodel his and petitioner’s home.            
          Also, intervenor withdrew $5,000 from his IRA for a downpayment             
          on a new car for petitioner.                                                
               The failure of petitioner to satisfy all but one of the                
          factors in Rev. Proc. 2003-61, is determinative.  On these facts            
          and circumstances, the Court holds that there was no abuse of               
          discretion by respondent in denying relief to petitioner under              
          section 6015(f).  The Court, therefore, sustains that denial.               
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                                  Decision will be entered            
                                             for respondent.                          









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

Last modified: May 25, 2011