- 39 - pay this liability, or (3) the burden of paying this liability will fall on her instead of Mr. Dunne. The knowledge factor weighs in favor of Mrs. Dunne. As we stated in our discussion of section 6015(b)(1)(C), given the circumstances of this case, Mrs. Dunne had no reason to know that Mr. Dunne held beneficial ownership of FRC through May 8, 1997, and she satisfied her duty of inquiry. As discussed above, Mrs. Dunne presumably received some benefit from Mr. Dunne’s status as a shareholder during 1997 because she shared bank accounts with Mr. Dunne, most likely had access to the dividends he received from FRC, and benefited as he did from avoiding tax on his share of its income. This factor weighs against Mrs. Dunne. See Richardson v. Commissioner, supra. The compliance with the income tax law factor weighs slightly against Mrs. Dunne. Mrs. Dunne testified that the one thing she knows about the tax law is that income tax returns are due on April 15, yet as discussed below she failed to file her 1999 tax return on time without any reasonable cause. Mrs. Dunne has not argued that there are any other factors that we should consider. We find on the basis of all the facts and circumstances Mrs. Dunne has failed to carry her burden and thus is not entitled to equitable relief under section 6015(f),Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NextLast modified: March 27, 2008