- 61 - Ms. Walters and Mr. Gherman were divorced during 1989. Mr. Gherman is in jail, serving a 30-year sentence. As far as we know, he does not have the financial resources to pay the deficiencies and additions to tax, nor does he have the means to obtain those resources. Ms. Walters also lacks the financial resources to pay the deficiencies and additions to tax. Because of the 1988 bankruptcy, Ms. Walters walked away from her marriage with no personal assets. She is living in her daughter's apartment and can scarcely support herself. Additionally, as a 63-year old woman with only a high school education and a low- paying job, there is little likelihood that Ms. Walters will ever be able to amass the funds needed to pay the deficiencies and additions to tax. Consequently, she would suffer undue hardship should relief be denied. Ms. Walters did not participate in the embezzlement of funds from the accounts of FIP's clients, nor did she assist in the embezzlement, as respondent contends, because she allowed Mr. Gherman to use her name to conduct business. To accept respondent's contention that Ms. Walters aided and abetted the embezzlement because she allowed Mr. Gherman to organize and operate FIP under her name, we would have to believe that Mr. Gherman, with Ms. Walters' knowledge and consent, planned to defraud FIP's clients at the time that FIP was organized during 1969 and then waited until the end of 1982 to effectuate that plan. Respondent's position defies common sense and is notPage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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