Rhonda K. Juell, a.k.a. Rhonda K. Juell-Podlak, Petitioner, and Glenn M. Evans - Page 21




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          to pay off his personal loans and to invest in a limited                    
          partnership).                                                               
               Petitioner resembles the innocent spouses in Hillman and               
          Killian, in that the funds were not used to benefit her in any              
          way but were funneled into Glenn’s investments in the Hoyt                  
          partnerships.                                                               
               Because petitioner received little to no benefit from the              
          erroneously claimed Hoyt partnership-related tax benefits, we               
          find that this factor weighs heavily in favor of granting                   
          petitioner relief.                                                          
               The second prominent factor--namely, concealment or                    
          wrongdoing by the nonrequesting spouse, also weighs in                      
          petitioner’s favor.  As stated, Glenn repeatedly told petitioner            
          that they were required to file joint Federal income tax returns,           
          that the Hoyt partnerships were his investments, and that he                
          would be responsible for them.  This factor, combined with other            
          factors, demonstrates that it would be inequitable to hold                  
          petitioner liable.  We note that petitioner is divorced from                
          Glenn, that none of the erroneous deductions is attributable to             
          her, that she did not know and had no reason to know of the                 
          substantial understatements, that she satisfied her duty of                 
          inquiry, and that she has subsequently made a good faith effort             
          to comply with the tax laws.                                                









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