- 16 - finding that it was 37 or 40 percent attributable to petitioner, and conclude that petitioner’s share of the underpayment was $900, or approximately 22 percent. C. Other factors The determination letter also considered other factors, albeit briefly. With respect to economic hardship, the determination letter concludes that there is “no known” hardship, notwithstanding petitioner’s assertions in his claim for relief that he had to refinance the mortgage on his residence in order to pay his 1995 and 1996 liabilities. Nonetheless, the record before us does not establish that petitioner would suffer hardship if required to pay the 1994 liability. Accordingly, this factor weighs against relief. Respondent concedes and we agree that petitioner’s status as divorced from Ms. Wiest weighs in petitioner’s favor. The determination letter did not find that petitioner had significantly benefited (beyond normal support) from the underpayment and the evidence persuades us that he did not benefit at all. Accordingly, this factor does not weigh against relief. Finally, there is no evidence of spousal abuse or that the divorce decree imposed a legal obligation on either spouse regarding the unpaid liability, rendering these factors neutral in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011