Elsa Estelle Hopkins - Page 12




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          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 were                  







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Last modified: November 10, 2007