Diana Van Arsdalen, f.k.a. Diana Murray, Petitioner, and Stanley David Murray, Intervenor - Page 18

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          the proceeds on the sale of the Murrays’ house in mid-1997, and             
          petitioner and intervenor filed for bankruptcy in September 1997.           
          We disagree.  Intervenor misled petitioner about his intentions             
          to pay their taxes.  Any knowledge about intervenor’s intent to             
          pay his taxes that petitioner gleaned from her discovery of the             
          tax liens on the Murrays’ house and their bankruptcy filing                 
          occurred after the Murrays filed the last of the returns for the            
          years in issue in April 1997.7                                              
                    e.   Conclusion                                                   
               We conclude that this factor favors petitioner.                        
               7.   Whether the Underpayment of Tax Is Attributable to                
                    Intervenor                                                        
               Respondent concedes that the underpaid tax is solely                   
          attributable to intervenor.  This factor favors petitioner.                 
               8.   Legal Obligation To Pay Tax                                       
               The fact that the nonrequesting spouse has a legal                     
          obligation pursuant to a divorce decree or agreement to pay the             
          outstanding liability favors granting relief.  Rev. Proc. 2000-             
          15, sec. 4.03, 2000-1 C.B. at 448.  In the property settlement              
          signed in June 1998, intervenor agreed to pay community debts,              
          which include the taxes from which petitioner seeks relief from             
          liability.                                                                  

               7  The administrative record does not show that respondent             
          took the proceeds on the sale of the Murray’s house in mid-1997             
          before the Murrays filed their 1996 tax return around Apr. 15,              
          1997.                                                                       





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