Cynthia K. Beatty - Page 17




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               This condition is not met.  Mr. & Mrs. Beatty are not                  
               divorced or separated.  They lived together during the                 
               years under consideration and are still living to-                     
               gether.  Mrs. Beatty filed delinquent returns with her                 
               husband in November of 2001.                                           
               Payment of the tax liabilities would cause hardship                    
               Economic hardship is defined as:  the payment of the                   
               tax would make it impossible to meet your basic living                 
               expenses for housing, clothing, food, transportation                   
               medical etc.  Reasonable belief that tax would be paid.                
               Mr. Beatty is self-employed, yearly household income                   
               fluctuates to some extent.  Current expense information                
               was gathered from an interview as well as from a check                 
               spread performed using 2000 bank records.  Income                      
               information was derived from tax returns filed for                     
               2001.  (The most recent return filed)  Comparison of                   
               monthly household income to monthly basic living ex-                   
               penses indicates that the Beattys are having financial                 
               difficulties.  This is also evident from the bankrupt-                 
               cies that have been filed.  The question is not whether                
               hardship exists, but whether a hardship will be created                
               if innocent spouse relief is not granted.  In this                     
               case, hardship already exists and will continue to                     
               exist whether or not relief is granted to Mrs. Beatty.                 
               The two still live in the same household so even if                    
               [she] is relieved, Mr. Beatty’s liability will impact                  
               on the family’s ability to pay personal living ex-                     
               penses.  This condition is not met.                                    
               Attribution                                                            
               Mrs. Beatty’s attorney states that having heard the                    
               stern warning from the court that if returns were not                  
               filed her husband would go to jail, Mrs. Beatty signed                 
               whatever was placed in front of her.  She contends that                
               this caused Mrs. Beatty to do something she wouldn’t                   
               ordinarily have done.  The liability is solely attrib-                 
               utable to Mr. Beatty’s income and Mrs. Beatty did not                  
               receive a significant benefit from the unpaid taxes                    
               beyond that of minimal living expenses.  The underpay-                 
               ments of tax are attributed to Mr. Beatty.  The tax-                   
               payer alone did not have sufficient income to require                  
               her to file a return.  The tax liabilities rest solely                 
               with Mr. Beatty for failure to file timely returns and                 
               to pay his income tax annually.                                        







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