Lesley J. Smith, a.k.a. Lesley J. Scott - Page 29




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          filed by Mr. Scott.  She had no knowledge that tax was shown as             
          owed on the return and did not know or have reason to know that             
          Mr. Scott would not pay the tax.  Petitioner did not know that              
          Mr. Scott had stopped paying the taxes with the returns until he            
          filed for bankruptcy in 1995.  She did not know that Mr. Scott              
          was frequenting prostitutes.                                                
               Petitioner signed the 1994 and 1995 returns after Mr. Scott            
          filed for bankruptcy.  During the bankruptcy proceedings, when              
          petitioner first learned that Mr. Scott had failed to pay the               
          taxes, she suggested to him that they try to arrange installment            
          payments to pay their Federal taxes.  Mr. Scott told her that the           
          payment of the taxes was his responsibility and he would handle             
          it.  When she signed the 1995 and 1996, returns she could not be            
          sure that he would or would not pay the taxes; she did not know             
          or have reason to know that he would not pay the taxes shown as             
          owed on those returns, and she did not know or have reason to               
          know that he would pay those taxes.                                         
               Consequently, the knowledge or reason to know factor favors            
          granting relief for 1990, 1991, 1992, and 1993 and is neutral for           
          1994 and 1995.                                                              
               5.  Nonrequesting Spouse’s Legal Obligation                            
               This is a factor in favor of the requesting spouse where the           
          nonrequesting spouse has a legal obligation pursuant to a divorce           
          decree or an agreement to pay the outstanding tax liability and             







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