Lesley J. Smith, a.k.a. Lesley J. Scott - Page 32




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          were proper.  On the basis of these facts, we conclude that the             
          underpayments of tax are attributable solely to Mr. Scott.                  
               7.  Significant Benefit                                                
               During their marriage, including the years at issue, the               
          Scotts did not live well, and money was tight.  They had modest             
          furnishings and vehicles, and they never owned a home.                      
          Petitioner did not benefit beyond normal support from the unpaid            
          liabilities for all of the years at issue.  Therefore, this                 
          factor favors granting petitioner relief.  See Van Arsdalen v.              
          Commissioner, T.C. Memo. 2007-48.                                           
               8.  Noncompliance With Federal Income Tax Laws                         
               The fact that the requesting spouse has not made a good                
          faith effort to comply with Federal income tax laws in years                
          after the years for which relief is sought is a factor that                 
          weighs against granting relief.  Petitioner and Mr. Smith filed a           
          joint Federal income tax return for 2002 that reported an                   
          overpayment of tax.  Initially, respondent determined that the              
          return contained an error and that the Smiths underpaid their               
          2002 tax.  The issue was ultimately resolved, and on June 16,               
          2003, respondent sent them a refund of $717.74.  Petitioner                 
          complied with Federal income tax laws.  This factor is neutral.             












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