- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011