Cimberly Catherine Clarke-Lewis - Page 16




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          Nakasu would pay the tax reported thereon.  See Ogonoski v.                 
          Commissioner, T.C. Memo. 2004-52; Collier v. Commissioner, T.C.             
          Memo. 2002-144.                                                             
               Petitioner conceded that at the time she signed each return,           
          she knew that remittances for the tax reported thereon would not            
          be included.  In 1998, petitioner and Mr. Nakasu received a                 
          discharge in bankruptcy.  Petitioner was aware of their financial           
          difficulties.  As a result, petitioner cannot establish that at             
          the time she signed each return it was reasonable for her to                
          believe that the tax would be paid or that she had no reason to             
          know that the tax reported thereon would not be paid.  See, e.g.,           
          Banderas v. Commissioner, supra.  This factor weighs against                
          relief.  See Beatty v. Commissioner, T.C. Memo. 2007-167                    
          (applying Rev. Proc. 2003-61 and finding that knowledge or reason           
          to know weighs against relief); Fox v. Commissioner, T.C. Memo.             
          2006-22 (same); cf. Levy v. Commissioner, T.C. Memo. 2005-92                
          (applying Rev. Proc. 2000-15 and stating that lack of knowledge             
          weighs in favor of relief while knowledge or reason to know                 
          weighs against relief).                                                     
          Nonrequesting Spouse’s Legal Obligation                                     
               The IRS will also consider whether the nonrequesting spouse            
          has a legal obligation to pay the outstanding income tax                    
          liability pursuant to a divorce decree or agreement.  See Rev.              
          Proc. 2003-61, sec. 4.03(2)(a)(iv), 2003-2 C.B. at 298.  But if             







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