- 17 - 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 anyPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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