Cynthia K. Beatty - Page 21




                                       - 21 -                                         
               lieved of her joint liability simply because she didn’t                
               know the tax laws and their impact on her.                             
               The taxpayer had complete awareness of the balances due                
               when the returns were filed.  She was well aware that                  
               the family did not have the funds to pay the tax.  She                 
               did not have a reasonable belief that the taxes would                  
               be paid.  It has been established that the taxpayer’s                  
               do not qualify for economic hardship.  The representa-                 
               tive had made reference to a substantial gambling debt                 
               that she insists causes economic hardship.  However she                
               has failed to submit documentation of such an expense.                 
               The taxpayers still reside together as a married cou-                  
               ple.  Abuse is not a factor.  The taxpayer claims that                 
               the level of duress caused by this situation merits                    
               innocent spouse relief.  This is a misnomer as ex-                     
               plained.  The cumulative effect of the development of                  
               these equitable relief elements clearly demonstrates                   
               that the taxpayer does not qualify for innocent spouse                 
               relief under the provisions of IRC Section 6015(f).                    
                                   CONCLUSION                                         
               Since the taxpayer will not execute a form 870-IS and                  
               has expressed her intention to litigate this matter                    
               there remains no alternative but to recommend that a                   
               statutory notice of claim disallowance be issued.                      
               [Reproduced literally.]                                                
               On December 29, 2004, petitioner and Mr. Beatty refinanced             
          the mortgage loan on the house in which they resided.  Around               
          January 4, 2005, petitioner and Mr. Beatty used funds that they             
          received from that refinancing to make a $151,423.56 payment to             
          the IRS with respect to the unpaid liabilities for the taxable              
          years 1998 and 1999.  After the refinancing of the mortgage loan            
          on their house, petitioner and Mr. Beatty had no equity in that             
          house and were required to make a monthly mortgage loan payment             
          of $3,400.                                                                  







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