- 11 - unpaid liabilities if, in addition to the seven threshold conditions, each of the following conditions is met: (1) The requesting spouse is no longer married to, is legally separated from, or has not been a member of the same household as the nonrequesting spouse at any time during the 12-month period ending on the date of the request for relief; (2) it was reasonable for the requesting spouse to believe that the nonrequesting spouse would pay the tax liability; and (3) the requesting spouse will suffer economic hardship if relief is not granted. Although petitioner has been physically separated from Mr. Hopkins for more than 1 year, at the time the returns were filed petitioner knew that the liabilities were not paid. Petitioner acknowledged at trial that she did not ask Mr. Hopkins whether he had made any payments on the amounts reported as due and owing. She assumed that if Mr. Hopkins had not paid some or all of the tax liabilities, then any amounts owed would be paid from either the balance of the proceeds from foreclosure on their home or from a disbursement from Mr. Hopkins’s section 401(k) account. Petitioner did not offer any evidence demonstrating that it would have been reasonable for her to believe that Mr. Hopkins paid the reported tax liabilities for the years at issue. Moreover, petitioner has failed to prove she would be unable to pay her reasonable basic living expenses if relief werePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007