- 51 - reducing the amount that they were spending on household and other items. We do not believe petitioner’s version of the events that transpired on the day she signed the 1998 joint return.26 We believe Mr. Krasner’s testimony about those events. On the record before us, we find that petitioner has failed to carry her burden of establishing that the knowledge or reason to know element set forth in section 4.02(1)(b) of Revenue Procedure 2000-15 is present here. With respect to the economic hardship element set forth in section 4.02(1)(c) of Revenue Procedure 2000-15,27 petitioner 26In petitioner’s Form 8857 filed around Jan. 15, 2001, and in petitioner’s Form 886-A filed between Aug. 31 and Oct. 26, 2001, petitioner denied that she signed the 1998 joint return. It was only in petitioner’s November 1, 2001 letter to respondent that petitioner stopped denying that she signed the 1998 joint return and indicated that she did not remember signing that return. In petitioner’s November 7, 2003 letter to respondent, petitioner again contended that she did “not have immediate recollection of signing this [1998 joint] return”. 27In determining whether a requesting spouse will suffer economic hardship, sec. 4.02(1)(c) of Revenue Procedure 2000-15, to which sec. 4.03(1)(b) of that revenue procedure refers, requires reliance on rules similar to those provided in sec. 301.6343-1(b)(4), Proced. & Admin. Regs. Sec. 301.6343-1(b)(4)(i), Proced. & Admin. Regs., generally provides that an individual suffers an economic hardship if the individual is unable to pay his or her reasonable basic living expenses. Sec. 301.6343-1(b)(4), Proced. & Admin. Regs., provides in pertinent part: (ii) Information from taxpayer.--In determining a reasonable amount for basic living expenses the direc- tor will consider any information provided by the taxpayer including-- (A) The taxpayer's age, employment status and (continued...)Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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