Gwendolyn A. Ewing - Page 64

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         is no more than $6,220 (increased by interest).  We fail to see              
         how respondent’s finding that petitioner would suffer no economic            
         hardship if relief were denied runs afoul of the majority’s                  
         recitation of the abuse of discretion standard:  “arbitrary,                 
         capricious, clearly unlawful, or without sound basis in fact or              
         law.”15  Majority op. p. 14.                                                 
              With respect to petitioner’s knowledge, the majority                    
         contradicts respondent’s finding that, when petitioner signed the            
         1995 return, she knew or had reason to know that Mr. Wiwi would              
         not pay the tax for 1995, and that it was not reasonable for                 
         petitioner to believe that Mr. Wiwi would pay the tax.  The                  
         majority finds:  “Mr. Wiwi told petitioner * * * that he would               
         pay the unpaid 1995 tax as provided in a proposed installment                
         agreement that he submitted with their 1995 income tax return.”              
         Majority op. p. 4.  In finding that petitioner reasonably                    
         believed that Mr. Wiwi would pay the tax owed, the majority                  
         states:                                                                      
              Mr. Wiwi concealed from petitioner until 1998 that he                   
              had failed to pay the unpaid 1995 tax.  During those                    
              years petitioner did not know and had no reason to know                 
              of Mr. Wiwi’s failure to pay that tax.  This fit his                    
              pattern of deception; Mr. Wiwi had also concealed from                  
              her that he owed tax for 1993 and 1994.  Respondent                     


               15  Petitioner’s first lawyer even admitted in his first               
          meeting with respondent’s Appeals Office that his client would              
          not suffer economic hardship were relief not granted.  Ex. 10-R             
          at 113.                                                                     





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