Sherry P. Aude - Page 28

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          that would be imposed on the spouse seeking the relief if such              
          relief were denied.  Sanders v. United States, 509 F.2d at 171              
          n.16; Peterson v. Commissioner, T.C. Memo. 1997-18; Edmondson v.            
          Commissioner, T.C. Memo. 1996-393; Petitioner offered evidence of           
          future probable hardship if relief were denied.  Since the                  
          divorce, petitioner's standard of living has decreased.  A major            
          factor to petitioner's hardship is the financial drain of medical           
          costs, which arose from Erik's accident.  After selling the                 
          family home in 1988 and reinvesting in the Palmdale home, she had           
          to refinance the home to pay Erik's medical bills.  Currently,              
          while the Palmdale home is held as a rental property, the rental            
          income derived from the property does not cover the mortgage on             
          the property.  The profit-sharing fund was rolled over into an              
          individual retirement account for the benefit of petitioner;                
          however, this was after withdrawing funds for attorney's fees for           
          the divorce and for medical expenses for Erik.                              
               Since the divorce in 1983, petitioner has worked part-time.            
          She attended college on a part-time basis from 1983 through 1985,           
          but had to quit when Mr. Aude did not pay alimony to petitioner.            
          In 1990, petitioner enrolled in a junior college to study                   
          computers.  Presently, petitioner and her current husband are               
          unemployed.                                                                 
               Currently, Mr. Aude is financially stable, but through a               
          bankruptcy proceeding he has been discharged of his obligation on           
          his tax liability.  If relief were not afforded to petitioner,              




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