- 42 - 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-Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011