Cynthia K. Beatty - Page 16




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               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 filed                                             







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