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exhaustive.
The revenue procedure provides a partial list of factors
that weigh in favor of equitable relief. Petitioner primarily
relies on the economic hardship factor.
In determining whether a requesting spouse will suffer
economic hardship, the revenue procedure refers to rules similar
to those provided in section 301.6343-1(b)(4), Proced. & Admin.
Regs. That regulation generally provides that an individual
suffers an economic hardship if the individual is unable to pay
his or her reasonable basic living expenses.
Petitioner receives disability payments of $704 per month
from SSA. Petitioner also receives $175 per month for each of
his two children from SSA. Petitioner also receives $356 of food
stamps each month and an energy assistance subsidy. Petitioner’s
only evidence of his basic living expenses was his testimony of a
monthly mortgage of $107, home insurance of $72, monthly
utilities of about $203, monthly car expenses of approximately
$100, monthly medical expenses of approximately $23, and monthly
prescription expenses of approximately $116. Petitioner
presented no other evidence as to the amounts of claimed
expenses.
The revenue procedure also provides a partial list of
factors applicable to petitioner that weigh against equitable
relief. The only items contested by petitioner giving rise to
the deficiency which are not allocable to petitioner are Mrs.
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Last modified: May 25, 2011