- 33 - However, the notice of determination stated in pertinent part: 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 in- formation was derived from tax returns filed for 2001. (The most recent return filed) Comparison of monthly household income to monthly basic living expenses indi- cates that the Beattys are having financial difficul- ties. This is also evident from the bankruptcies that have been filed. The question is not whether hardship exists, but whether a hardship will be created if inno- cent spouse relief is not granted. In this case, hard- ship 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 expenses. This condition is not met. [Reproduced literally.] As we understand it, the Appeals Office concluded in the notice of determination that the economic hardship factor weighed against granting petitioner relief under section 6015(f) because 6(...continued) provided respondent with no evidence of this economic hardship. * * * Whether she is jointly liable for the income tax or not does not affect her economic situation: she does not have any economic responsibilities. * * * * * * * * * * Accordingly, petitioner will not experience economic hardship if relief is not granted. * * * Respondent’s administrative record with respect to petitioner’s taxable years at issue belies respondent’s position on brief about the economic hardship factor. As quoted below, the notice of determination, which was based upon that record, also belies that position.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: November 10, 2007