Emily Velez - Page 6




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          Velez.  The $96 of Federal withholding tax reported on the 1997             
          income tax return was tax withheld from petitioner’s wages.                 
          Petitioner was aware when she signed the return for 1997 that it            
          would be filed without remittance.  Dr. Velez told petitioner               
          that he did not have the money to pay the tax.                              
               Dr. Velez never received a liver transplant, and his health            
          continued to decline.  He died on November 19, 2000.  As a result           
          of the two bankruptcies in 1995 and 1997 and his inability to               
          earn income after 1997, Dr. Velez had no assets at the time of              
          his death.                                                                  
               Petitioner filed a Request for Innocent Spouse Relief (And             
          Separation of Liability and Equitable Relief), including a                  
          “Statement of Facts”, and Form 12510, Questionnaire for                     
          Requesting Spouse.                                                          
               The parties agree that:  (a) Petitioner did not receive                
          significant benefit, beyond normal support, from the unpaid                 
          income tax liabilities for 1996 and 1997; (b) Dr. Velez did not             
          abuse petitioner; (c) petitioner is not in poor mental or                   
          physical health; (d) petitioner has made a good faith effort to             
          comply and has complied with the income tax laws in the taxable             
          years following 1997; (e) and petitioner would not suffer                   
          “economic hardship”, as defined in section 301.6343-1(b)(4),                
          Proced. & Admin. Regs., if she were required to pay the                     
          outstanding joint income tax liabilities for 1996 and 1997.                 







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