John William Hollis - Page 11

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               Rev. Proc. 2000-15, sec. 4.03(1) and (2), lists the                    
          following four facts which, if true, the Commissioner weighs in             
          favor of granting relief, and if not true, the Commissioner                 
          weighs against granting relief:                                             
               1.  The taxpayer would suffer economic hardship if relief is           
          denied.  Petitioner claims that he will suffer economic hardship            
          if relief is denied.  However, he offered no evidence to show               
          that he would suffer hardship if relief were denied, and his                
          claim is not plausible.  We conclude that this factor favors                
          respondent.                                                                 
               2.  The liability for which relief is sought is attributable           
          to the nonrequesting spouse.  Petitioner claims that intervenor             
          gave him incorrect withholding amounts.  However, even though the           
          record contains conflicting evidence, we are more persuaded by              
          intervenor’s testimony that intervenor had sent to petitioner her           
          three Forms W-2 for 1999.8  Thus, we conclude that the                      
          computational error was petitioner’s.                                       
               3.  In a case (such as this case) in which a liability was             
          properly reported but not paid, the taxpayer did not know and had           


               8 Petitioner disputes this fact.  However, intervenor’s                
          testimony on this point was very specific and consistent.                   
          Petitioner first testified that intervenor had given him                    
          erroneous figures and had not given him her Forms W-2, but he               
          later testified that he did not remember.  We find intervenor’s             
          testimony to be more credible and have made factual findings                
          accordingly.                                                                






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