- 16 - for the years 1995 through 1999, and all future tax returns. Shortly thereafter, the State of Maryland contacted Mr. Beatty’s counsel and insisted that re- turns be filed for years beginning in 1988. Mr. Beatty and his accountant, Eric Vinson, immediately began working on the returns, using whatever records they could gather as well as estimated net income figures provided by the Office of the Comptroller. When the returns were prepared, Mr. Vinson told Mrs. Beatty to sign where indicated. He did not explain that, by signing the returns, she would be responsible for half of the taxes due. Having been present at her husband’s sentencing, and having heard the stern warning from the court that, if these returns were not filed, her hus- band would be going to jail, Mrs. Beatty signed what- ever was put in front of her. The tax due for the years at issue are * * * solely the result of Mr. Beatty’s income. In 1998, Mrs. Beatty earned $4,187, and had federal income tax of $164 withheld by her employer. In 1999, Mrs. Beatty earned $4,387, and had federal income tax of $366 withheld by her employer. Had she been advised to elect “married filing separately” filing status, she would have had no taxable income. Prior to 1998, Mrs. Beatty did not work outside the home. Mrs. Beatty was adjudicated bankrupt under Chapter 7 on January 23, 2001. The returns were signed after that on November 6, 2001. Mr. Beatty was in bankruptcy previously. At the time the returns were signed, neither had sufficient credit to allow them to borrow the funds needed to pay the taxes. * * * * * * * Revenue Procedure 2000-15 as amplified by the provi- sions of Revenue Procedure 2003-61 provides a list of elements to be developed to determine the extent, if any of relief to be granted under these innocent spouse provisions. * * * The merits and circumstances of each case will dictate the weight assigned to each factor in reaching a decision to grant or reject innocent spouse relief. Divorced, separated or living apart for at least 12 months when claim is filedPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007