Mary Elizabeth Cumings - Page 15




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              In November 2003, petitioner submitted a Form 12510 to                  
         respondent.  Petitioner reported on the Form 12510 monthly income            
         of $1,7109 and monthly expenses of $2,555.  Petitioner’s stated              
         monthly expenses included housing, food, and utility expenses of             
         $2,107, transportation expenses of $133, and other expenses of               
         $315.                                                                        
              The administrative record establishes that petitioner was               
         the sole owner of the marital residence and jointly owned a                  
         mobile home with Mr. Parker, that petitioner had significant                 
         credit card debt, and that the mortgage company holding the                  
         mortgage on the marital residence had begun foreclosure                      
         proceedings against the marital residence at the time petitioner             
         filed her request for relief.  The administrative record also                
         establishes that although petitioner was working two jobs in                 
         2003, she could not pay her reasonable basic living expenses                 
         without going further into debt.                                             
              Ms. Wilce determined that petitioner would not suffer                   
         economic hardship because the Internal Revenue Service (IRS)                 

              8(...continued)                                                         
          amount for basic living expenses.  These factors include the                
          taxpayer’s age, employment status and history, ability to earn,             
          number of dependents, extraordinary circumstances, and any other            
          factor that the taxpayer claims bears on economic hardship and              
          brings to the attention of the director.                                    
               9Petitioner’s Form 12510 is inconsistent with IRS documents            
          that show petitioner reported only a total of $3,339 in wage                
          income and $255 as Schedule C, Profit or Loss From Business,                
          income in 2003.                                                             






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