- 22 - Respondent correctly concluded that this factor weighs against granting relief to petitioner. (3) Abuse Respondent minimized the abuse petitioner suffered. An alternate writeup accompanying respondent’s Appeals Office determination states: The abuses outlined in the claimant’s arguments do not appear to have been more than her willingness to hold a subservient role in the relationship. There is no indication that she was called names, ridiculed, criticized or belittled. We disagree. The material petitioner submitted to respondent and which is found in the administrative record in this case, as well as vivid and credible trial testimony herein, thoroughly establishes the extensive and severe abuse petitioner suffered from John. Due to the severity of the abuse suffered by petitioner, this factor strongly favors granting relief to petitioner. Further, John’s extensive abuse of petitioner mitigated petitioner’s reason to know that John might not pay the underpayment. See Rev. Proc. 2003-61, sec. 4.03(2)(b)(i). Overton’s Son Respondent also considered the impact on Overton’s son of granting petitioner equitable relief. Respondent concluded thatPage: 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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