- 8 - cross-examine petitioner on these points and offered no evidence to contradict petitioner’s testimony. Respondent contends that petitioner has not shown that she would suffer economic hardship if relief from liability is denied because her hardship is hypothetical. Respondent relies on Von Kalinowski v. Commissioner, T.C. Memo. 2001-21, for the proposition that section 6015(b) requires the taxpayer to show that the imposition of joint and several liability is inequitable in terms of the present and not in terms of a future hypothetical situation. Respondent’s reliance on Von Kalinowski is misplaced. In Von Kalinowski, the taxpayer’s hardship was contingent on her wealthy husband’s not paying the deficiencies during his lifetime and his dying and disinheriting her. We concluded that the taxpayer’s situation was not a hardship for purposes of section 6015(b). In contrast, petitioner has shown that she will suffer economic hardship if she is held liable for the 1983 deficiency. Thus, we reject respondent’s reliance on Von Kalinowski. Respondent further contends that petitioner will not suffer economic hardship if relief is denied because she and Ferrarese share a bank account and a credit card and function as a single economic unit. Respondent also contends that the deficiency will be satisfied from that bank account whether or not petitioner is denied relief from joint and several liability. We disagree because the only evidence in the record about petitioner’s jointPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011