Cynthia K. Beatty - Page 34




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          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.                                             





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