Catherine Rosenthal - Page 17

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          return militate against equitable relief simply because she had             
          to have known of the omission before she filed the amended return           
          and made the payment.  Moreover, there is no evidence that                  
          petitioner had any reason to know of the IRA distribution prior             
          to April 1998.  The distribution was from one of Louis’s separate           
          accounts, and he never discussed it with her.  Therefore, we find           
          no basis for respondent’s conclusion in the notice of                       
          determination that a negative factor results because petitioner             
          knew of the IRA distribution.                                               
                    3.  Petitioner Did Not Benefit From the IRA                       
                    Distribution                                                      
               The other negative factor relied upon by respondent in the             
          notice of determination as a basis for denying equitable relief             
          to petitioner is his finding that petitioner significantly                  
          benefited from the unreported income.  See Rev. Proc. 2000-15,              
          section 4.03(2)(c).  There is no evidence in the record to                  
          support that finding.  Moreover, there is evidence (discussed               
          below) to suggest that petitioner did not benefit from the                  
          unreported income.                                                          
               Respondent argues that petitioner failed to establish that             
          she suffered “economic hardship” (a negative factor under Rev.              
          Proc. 2000-15, sec. 4.03(2)(d), 2000-1 C.B. at 449, and that the            
          evidence  demonstrating lack of economic hardship “[supports] the           
          determination that petitioner significantly benefitted.”                    
          Respondent also states that “[p]etitioner has not provided any              





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