- 6 - Furthermore, we find no basis for concluding that petitioner would suffer undue financial hardship in being liable for the 1997 tax liability. She maintained her employment, and during 1998 and 1999 had gross income of $49,469 and $51,179, respectively. Moreover, she received $20,000 from the sale of the residence in 2000. Finally, it should be noted that, while petitioner may not have significantly benefited from the funds withdrawn from the IRA, the funds were used in great part for living expenses of both petitioner and intervenor. In sum, we find that no factors considered support the conclusion that petitioner is entitled to relief under section 6015(f) and that respondent’s denial of relief was an abuse of discretion.3 Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent. 3 Because of our disposition on the ground that petitioner is not entitled to relief, we need not discuss whether this Court has jurisdiction to order a refund to petitioner for 1998 and 1999.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011