Connie J. Meadows - Page 13

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        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.                                                                   






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