Webber Douglas Gilmer, Petitioner, and Minnie Payton, Intervenor - Page 13




                                       - 12 -                                         
          requesting spouse of the item giving rise to the deficiency is a            
          strong factor weighing against relief.  This strong factor may be           
          overcome only if the factors in favor of equitable relief are               
          particularly compelling.  We conclude that they are not.                    
               As to the fourth factor, the Judgment of Dissolution of                
          Marriage states that petitioner “shall pay * * * and hold [Ms.              
          Payton] harmless from the payment of * * * any federal, state,              
          and local tax obligations * * * for the joint return for the tax            
          year 2001.”  Petitioner asks this Court to disregard this                   
          language, however, on the grounds that “there is no evidence that           
          [he] entered in the correct numbers into Turbo Tax” and that “he            
          even signed the return.”  First, we fail to see how petitioner’s            
          arguments are relevant to the obligation imposed on him by the              
          Judgment.  Moreover, petitioner’s statements contradict his                 
          admission that he prepared and signed the return at issue.                  
          Second, under Rev. Proc. 2003-61, sec. 4.03 (2)(a)(iv), if a                
          divorce decree or judgment places an obligation to pay taxes on             
          the requesting spouse, then that fact weighs against granting him           
          relief.  Here, the Judgment specifically designates                         
          responsibility for any deficiency for the couple’s 2001 Federal             
          income tax return to petitioner, and we find that this factor               
          strongly favors denying petitioner relief.                                  
               As to the fifth factor, petitioner received a substantial              
          benefit when he received a refund in the amount of $8,861 for               







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 10, 2007