- 47 - (f) Requesting spouse’s legal obligation. The requesting spouse has a legal obligation pursuant to a divorce decree or agreement to pay the liability. As previously discussed in detail in this opinion, we have found that both petitioner and Mr. Barnes were investors in the partnership, and we have accordingly found that the deficiencies are attributable equally to petitioner and Mr. Barnes. In reviewing respondent’s denial of section 6015(f) relief with respect to the portions of the deficiencies attributable to petitioner, we find petitioner’s personal involvement as an investor to be a significant factor. Another significant factor weighing against relief is that petitioner had reason to know of the understatements, as discussed above in connection with the application of section 6015(b). There is no evidence that petitioner was abused by Mr. Barnes, or that petitioner was to any degree coerced into becoming an investor--even if petitioner went along with the investment in order to avoid conflict with Mr. Barnes or his family, she nevertheless became an investor voluntarily. Petitioner’s arguments to the contrary are not supported by the record and are even contradicted by petitioner’s own testimony. Finally, because petitioner has not shown that she would be unable to pay her reasonable basic living expenses, especially in light of the substantial continuing income that she and Mr. Edwards receive, petitioner has not shown that she would sufferPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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