- 10 - (b) On the date the requesting spouse signed the joint return, the requesting spouse had no knowledge or reason to know that the nonrequesting spouse would not pay the income tax liability. The requesting spouse must establish that it was reasonable for the requesting spouse to believe that the nonrequesting spouse would pay the reported income tax liability. * * * (c) The requesting spouse will suffer economic hardship if the Service does not grant relief. * * * Petitioner and Mr. Parker were separated at the time petitioner filed her request for relief. The parties dispute only whether petitioner had knowledge or reason to know that Mr. Parker would not pay the reported tax liability and whether petitioner would suffer economic hardship if relief were not granted. 2. Knowledge or reason to know This element is satisfied if the requesting spouse did not know or have reason to know when she signed the return that the taxes would not be paid. Rev. Proc. 2003-61, sec. 4.02(1)(b). Accordingly, petitioner must establish that it was reasonable for her to believe that Mr. Parker would pay the reported liability. Petitioner was aware of the reported tax liability when she signed the return. Petitioner also admitted that at the time she signed the return she did not know whether Mr. Parker would pay the outstanding balance and that no funds were available at that time to pay the liability. Petitioner was aware that Mr. Parker intended to file a petition in bankruptcy.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007