- 9 - checking account shows that it contains enough to pay only a tiny fraction of the deficiency for 1983. Respondent contends that petitioner will not suffer economic hardship if relief is denied because her children and family pay some of her and Ferrarese’s living expenses. Respondent apparently assumes that petitioner’s children would pay the 1983 taxes, and that, as a result, petitioner would suffer no hardship if held jointly liable for those taxes. We disagree. First, there is no evidence that petitioner’s children would or could pay the 1983 taxes; second, we believe it would be a hardship to compel petitioner to ask her children to do so. We conclude that petitioner will suffer economic hardship if she is not relieved of joint liability. 2. Significant Benefit Respondent contends that petitioner significantly benefited from the embezzlement income omitted from petitioner’s and Ferrarese’s return for 1983. We disagree. In Ferrarese I, we found that petitioner’s expenditures during 1981-83 were neither unusual nor lavish and did not suggest that petitioner significantly benefited from the embezzlement income. Petitioner’s testimony in this case was consistent with our findings in her prior case, and respondent did not cross-examine petitioner or offer contrary evidence. We conclude thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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