Cynthia K. Beatty - Page 33




                                        - 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.                                                  





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