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equitable relief from liability on a joint return for tax owed on
income attributable to the nonrequesting spouse. See Rev. Proc.
2003-61, 2003-2 C.B. 296. Rev. Proc. 2003-61, sec. 4.02, 2003-2
C.B. 298, provides in relevant part that relief ordinarily will
be granted to a requesting spouse with regard to underpayments of
tax attributable to the nonrequesting spouse if three criteria
are met. The first criterion, that the requesting spouse is no
longer married to or is legally separated from the nonrequesting
spouse or is not a member of the same household at any time
during the 12 months prior to the request for relief, is
satisfied in this case.
The second criterion, that, at the time the joint return was
signed, the requesting spouse had no knowledge or reason to know
that the tax would not be paid and that it was reasonable to
believe that the nonrequesting spouse would pay the liability, is
not satisfied in this case. Petitioner and Mr. Gonce reported
underpayments on their 2000 and 2001 Federal tax returns, both of
which were signed by petitioner, of $1,188 and $2,528,
respectively. When those returns were filed, petitioner knew
that Mr. Gonce always bought on credit and that she and Mr. Gonce
spent more than they made. Petitioner has not shown that it was
reasonable to rely on Mr. Gonce to pay the tax due for those
years.
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