- 18 - situations where moneys were thought to be available at the time the relevant return was signed and filed.6 The foregoing conclusion is consistent with the result reached by this Court in other contexts involving factual contingencies regarding source of payment. In Vuxta v. Commissioner, T.C. Memo. 2004-84, the Court addressed a taxpayer’s request for relief under section 6015(f) for 1989, 1990, and 1991. The underlying returns showing balances due had been filed on September 17, 1990, September 23, 1991, and May 30, 1996, respectively. The taxpayer and her husband had filed for 6 Placement of the modifying prepositional phrase (“On the date the requesting spouse signed the joint return”) in the text of Rev. Proc. 2003-61, sec. 4.02(1)(b), 2003-2 C.B. 296, 298, would not appear to be conclusive on this issue. While the Court’s placement of the phrase has varied, certain paraphrases of the standard are amenable to a reading that could require a belief that actual payment of the taxes would occur with the filing of the return. E.g., Merendino v. Commissioner, T.C. Memo. 2006-2 (“The relevant knowledge in the case of a reported but unpaid liability is that the tax would not be paid when the return was signed.”). The legislative history of the provision might be open to a similar reading, in that the example supplied indicates Congress intended for equitable relief to be granted where a requesting spouse “does not know, and had no reason to know, that funds intended for the payment of tax were instead taken by the other spouse for such other spouse’s benefit.” H. Conf. Rept. 105-599, at 254 (1998), 1998-3 C.B. 1008. Again, however, the Court need not decide here whether such usages or examples operate as limitations. Additionally, guidelines set forth in the Internal Revenue Manual (IRM) could suggest a more liberal reading, stating: “A belief the tax would be paid is not reasonable if the RS [requesting spouse] knew or had reason to know the NRS [nonrequesting spouse] was not in an economic position, and was not expected to be in an economic position within the foreseeable future, to pay those taxes.” IRM sec. 25.15.3.8.3.2(2).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007