Joseph D. & Elizabeth M. Dunne - Page 39




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          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),             








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