Bea-Jaye Ware - Page 14




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          activities and that she had no reason to know their 1998 and 1999           
          reported tax liabilities would be unpaid.6                                  
               Prior to signing and filing the 1998 and 1999 tax returns,             
          petitioner’s wages were garnished by respondent to pay                      
          petitioner’s and Mr. Crouch’s joint 1997 tax liability.  At the             
          least, this put petitioner on notice of the tax problems she and            
          Mr. Crouch were facing.  Even more detrimental to her argument,             
          petitioner testified that she knew they could not pay the amount            
          due when she signed the returns.  We find petitioner knew or had            
          reason to know that the reported liability would be unpaid at the           
          time she signed the returns.  This factor weighs against relief.            
               7.   Whether the Underpayment of Tax Is Attributable to the            
                    Non-Requesting Spouse                                             
               Respondent concedes that the underpayment of tax was solely            
          attributable to Mr. Crouch’s business activities.  This factor              
          favors relief.                                                              
               8.   Legal Obligation To Pay                                           
               Because there is no decree or agreement imposing such                  
          obligation, this factor is neutral.                                         
               The only factor favoring relief is that the underpayment of            
          tax was attributable to Mr. Crouch.  This factor is strongly                


               6  In support of her argument, petitioner cites Browda v.              
          Commissioner, T.C. Summary Opinion 2004-16.  Under sec. 7463(b),            
          summary opinions are not treated as precedent for any other case,           
          and we do not consider further petitioner’s argument as it                  
          relates to Browda.                                                          






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