- 18 - T.C. Memo. 2003-201, affd. 152 Fed. Appx. 622 (9th Cir. 2005). Petitioner must establish that: (1) At the time she signed the return for each of the years at issue, she had no knowledge or reason to know that the tax reported on each return would not be paid; and (2) it was reasonable for her to believe that Mr. Lepordo would pay the tax reported on each return. See Ogonoski v. Commissioner, T.C. Memo. 2004-52; Collier v. Commissioner, T.C. Memo. 2002-144. The Court has found for respondent on this factor. Therefore, 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). Knowledge or Reason To Know: Items Giving Rise to the $704.88 Portion of the Deficiency With respect to a liability that arises from a deficiency, the IRS will consider whether the requesting spouse did not know or had no reason to know of the items giving rise to the deficiency. Rev. Proc. 2003-61, sec 4.03(2)(a)(iii)(B), 2003-2 C.B. at 298. If the electing spouse had actual knowledge of the item giving rise to the deficiency, then that knowledge is a strong factor weighing against relief. See id.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: March 27, 2008