- 64 - 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.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011