Mary Elizabeth Cumings - Page 11




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                   (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.                                   







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Last modified: November 10, 2007