- 34 - the Appeals Office’s failure to grant such relief would not “create” economic hardship, since economic “hardship already exists and will continue to exist whether or not relief is granted to Mrs. Beatty.” We reject as unfounded the rationale stated by the Appeals Office for its conclusion that the economic hardship factor weighed against granting petitioner relief under section 6015(f). The Appeals Office implicitly acknowledged in the notice of determination that payment of the unpaid liabili- ties for the years at issue would cause even greater economic hardship than already existed.7 We find that the economic hard- ship factor weighs in favor of granting petitioner relief under section 6015(f). With respect to the knowledge or reason to know factor set forth in section 4.03(2)(a)(iii) of Revenue Procedure 2003-61, petitioner argues that she did not know and had no reason to know that Mr. Beatty would not pay the tax shown due in each of the respective joint returns for the years at issue and that there- fore that factor weighs in favor of granting her relief under 7Additional facts not presented to the Appeals Office but presented to the Court further support what the Appeals Office implicitly acknowledged. For example, on Dec. 29, 2004, petitioner and Mr. Beatty refinanced the mortgage loan on the house in which they resided. On or about Jan. 4, 2005, petitioner and Mr. Beatty used $151,423.56 of the funds that they received from that refinancing to pay their unpaid liabilities for 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 payment of $3,400 on that refinanced loan.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: November 10, 2007