- 6 - benefit of the “no reason to know” factor under Rev. Proc. 2000- 15, supra. Petitioner submitted an income and expense declaration to respondent, which showed monthly expenses exceeding her monthly income by $1,605. At trial, intervenor mentioned a house petitioner owns. As a result of the divorce, the house owned by petitioner and intervenor was foreclosed. Subsequently, family friends gave petitioner a house, in which she lives with her children. Petitioner has a tenant and uses the rent to make mortgage payments. The rent is less than the interest due and no payments are made on principal. Petitioner explained this resulted in negative amortization and the principal increases each month. Respondent concluded that petitioner would suffer undue economic hardship. Because of the manner in which intervenor controlled the finances, petitioner did not benefit beyond normal support from the unpaid liability. Respondent gave petitioner the benefit of this factor. Based on our review of the record, we find that respondent did not abuse his discretion in concluding that petitioner wasPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011