Bea-Jaye Ware - Page 11




                                       - 11 -                                         
               2.   Spousal Abuse                                                     
               Petitioner did not allege that she suffered from spousal               
          abuse.  This factor is neutral.                                             
               3.   Significant Benefit                                               
               Respondent determined that petitioner received significant             
          benefit beyond normal support from the unpaid tax liability.                
          During the years at issue, petitioner and Mr. Crouch failed to              
          pay self-assessed taxes of nearly $70,000, excluding any                    
          penalties or interest.  While the outstanding tax liability arose           
          solely from Mr. Crouch’s business activities, petitioner does not           
          allege that Mr. Crouch secreted his earnings that would otherwise           
          have been used to pay the taxes due.  The record establishes that           
          petitioner’s and Mr. Crouch’s failure to pay the taxes due                  
          increased their expendable income.  Further, petitioner testified           
          that her husband’s income allowed her to meet the monthly                   
          expenses in excess of her own income.  Petitioner’s monthly                 
          expenses included $300 for clothing, $700 for vehicle expenses,             
          $240 for pet care, and $400 in miscellaneous expenses.  While               
          neither petitioner nor respondent has elaborated on what “normal            
          support” is in this case, the above-described expenses certainly            
          go beyond normal support.  Because the underpayment of tax                  
          allowed petitioner to meet these expenses, we find that                     
          petitioner received significant benefit beyond normal support               
          from the unpaid liability.  This factor weighs against relief.              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007