- 17 - economic hardship if relief is denied; (2) in the case of a liability that arose from a deficiency, the requesting spouse did not know and had no reason to know of the items giving rise to the deficiency; (3) the liability for which relief is sought is attributable to the nonrequesting spouse; and (4) the nonrequesting spouse has a legal obligation pursuant to a divorce decree or agreement to pay the outstanding liability (this factor weighs against relief only if the requesting spouse has the obligation). The economic hardship factor weighs against petitioner because she failed to provide any evidence establishing economic hardship in this case (and argues, unpersuasively, that the economic hardship requirement is “discriminatory and unconstitutional”). Petitioner argues that the knowledge or reason to know factor and the attribution factor weigh in favor of granting her relief. We address those arguments below. The legal obligation factor is neutral in this case because neither petitioner nor Apostle was required by their divorce decree to pay any of the unpaid interest. Petitioner contends that, even though it was the improper treatment of her income (i.e., the gain that she realized on the sale of the New York apartment) on the first amended joint return that caused an understatement on that return and the 1992-1994 interest liability to accrue, she had no knowledge or reason toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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