- 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