Ruth Ferrarese - Page 8




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          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 joint            






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