- 20 - not satisfy the conceded deficiencies. Petitioner notes that “Although [Mr. Von Kalinowski] may have the income and assets to pay the liability there is no assurance that he will do so.” From this, petitioner concludes that she will suffer “substantial future hardship” if she is not relieved of the liability. The hardship which petitioner describes is contingent upon (a) Mr. Von Kalinowski's not satisfying the deficiencies during his lifetime, and (b) Mr. Von Kalinowski's passing away and disinheriting petitioner. We do not believe that this hypothetical hardship is sufficient to satisfy the requirements of section 6015(b)(1)(D). Rather, the statute requires that the taxpayer demonstrate that the imposition of joint and several liability is inequitable in present terms. As things presently stand, petitioner and Mr. Von Kalinowski remain married. The two have not separated, and petitioner has not been left by her husband to “face the music”. Instead, petitioner continues to enjoy the lifestyle and financial security that are largely attributable to her husband’s assets and income. Simply put, petitioner has not been deserted in the sense foreseen by the legislators who enacted the predecessor to the section 6015(b)(1) relief from joint liability. See Hayman v. Commissioner, 992 F.2d at 1263; Meyer v. Commissioner, T.C. Memo. 1996-400; Prince v. Commissioner, T.C. Memo. 1995-368. Petitioner also contends that she did not significantlyPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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