Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 46




                                       - 45 -                                         
          and 1999, but it does not weigh in favor of relief for taxable              
          year 2000.                                                                  
               7.   Significant Benefit                                               
               The record shows that the funds from the unpaid liabilities            
          were used by Mr. Barrera to pay his family’s household and                  
          living expenses during taxable years 1998, 1999, and 2000.  We              
          thus find that petitioner did not significantly benefit “beyond             
          normal support” from the unpaid liabilities for taxable years               
          1998, 1999, and 2000.  This factor is neutral.                              
               8.   Noncompliance With Federal Income Tax Laws                        
               Petitioner has complied with Federal income tax laws for               
          the years following taxable year 2000, the last year in issue.              
          This factor is neutral.                                                     
                                     Conclusion                                       
               A factor favoring relief for all three of the years in                 
          issue is that petitioner and Mr. Barrera are separated and                  
          petitioner is seeking dissolution of their marriage.  Also                  
          somewhat favoring relief, at least for taxable years 1998 and               
          1999, is that the underpayments are attributable to income                  
          earned by Mr. Barrera, though we note that petitioner, who had              
          no or minimal income during these years, enjoyed the use of Mr.             
          Barrera’s income.                                                           
               The factors favoring relief are strongly outweighed by                 
          petitioner’s knowledge or reason to know that the reported                  







Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next 

Last modified: November 10, 2007