- 12 - unable to say whether petitioner knew that any tax was due. However, if petitioner was aware that any tax was due, on the basis of past experience she would have had reason to believe that her husband might not pay the tax liability. It is also true that the address shown on the return was a business mailbox to which petitioner did not have access, so that she was not aware of any correspondence between respondent and Mr. Meadows after the filing of the return. This factor weighs neither in favor of nor against petitioner. (d) Nonrequesting spouse’s legal obligation. Whether the nonrequesting spouse has a legal obligation to pay the outstanding income tax liability pursuant to a divorce decree or agreement. This factor will not weigh in favor of relief if the requesting spouse knew or had reason to know, when entering into the divorce decree or agreement, that the nonrequesting spouse would not pay the income tax liability. Petitioner’s divorce decree assigns responsibility for all Federal income tax liability from the date of marriage through December 31, 2001, to Mr. Meadows. We are unable to determine petitioner’s actual knowledge, at the time of the decree, as to whether Mr. Meadows would pay the income tax liability. On the basis of past experience, petitioner had reason to believe that her husband would not pay the income tax liability. This factor weighs neither in favor of nor against petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011