Debra Kay Forister - Page 15

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          to know about Mr. Lathrop’s unemployment compensation or                    
          nonemployee compensation for the year at issue.                             
               As discussed earlier, petitioner had actual knowledge of Mr.           
          Lathrop’s unemployment and nonemployee compensation.                        
          Petitioner’s actual knowledge is a strong factor weighing against           
          relief, which can be overcome only if the factors in favor of               
          equitable relief are particularly compelling.                               
               Petitioner contends in her petition to this Court that she             
          would experience economic hardship if she were forced to pay the            
          tax liability for the year at issue.  A taxpayer might experience           
          economic hardship if he or she were unable to pay basic                     
          reasonable living expenses.  Sec. 301.6343-1(b)(4)(i), Proced. &            
          Admin. Regs.  It is the taxpayer’s burden to show both that the             
          expenses qualify and that they are reasonable.  Monsour v.                  
          Commissioner, T.C. Memo. 2004-190.  Despite her assertion that              
          paying the tax liability would cause her to experience economic             
          hardship, petitioner provided no evidence at trial that she would           
          be unable to pay basic living expenses if she were held liable              
          for the deficiency.  The Court fails to see, and petitioner has             
          not established, that she would suffer economic hardship if her             
          request for relief from joint liability were denied.  This factor           
          weighs against granting petitioner relief.                                  
               On the basis of the facts and circumstances in this case,              
          including the factors set forth in Rev. Proc. 2000-15, supra, the           






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