Susan L. Abelein - Page 42

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          That petitioner and Mr. Abelein decided to reinvest all or a                
          portion of their tax savings in DGE, rather than in a new home or           
          new cars, does not protect petitioner from a conclusion that she            
          and Mr. Abelein received a significant benefit in the form of               
          increased disposable cashflow.  This negative factor applies and            
          weighs against granting petitioner’s claim for equitable relief             
          under section 6015(f).  Ewing v. Commissioner, 122 T.C. at 44-45;           
          Capehart v. Commissioner, T.C. Memo. 2004-268.                              
                    d.  Lack of Economic Hardship                                     
               As we noted in our discussion of the positive counterpart of           
          this factor, petitioner did not introduce credible evidence to              
          enable us to ascertain her current salary and other income,                 
          assets, debts, and reasonable living expenses, although she was             
          in a position to do so.  A taxpayer’s failure to call witnesses             
          and produce relevant documentary evidence within her control                
          supports an inference that such testimony and documentation would           
          not support the taxpayer’s position.  Wichita Terminal Elevator             
          Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513           
          (10th Cir. 1947).  Because of the negative inference that we draw           
          from petitioner’s failure to produce evidence of her current                
          financial condition, we conclude that requiring petitioner to pay           
          the liabilities from which she seeks relief would not result in             
          economic hardship as that term is defined under Rev. Proc. 2000-            








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