Mary Elizabeth Cumings - Page 16




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         computer records showed that petitioner had received a Form 1099-            
         MISC, Miscellaneous Income, reporting $127,932 of income during              
         2002.  However, the Social Security number on the Form 1099-MISC             
         did not match petitioner’s Social Security number.  Petitioner               
         learned of Ms. Wilce’s determination incorrectly attributing the             
         income from the Form 1099-MISC to petitioner.  On December 2,                
         2004, petitioner faxed to Ms. Hackmeister an affidavit from Ryan             
         Scallon, the issuer of the Form 1099-MISC, stating that the form             
         was issued to C&C Contracting and not to petitioner or Mr.                   
         Parker.  Ms. Hackmeister erroneously concluded that the Social               
         Security number referenced in the fax matched petitioner’s Social            
         Security number and that the income had not been reported on the             
         2002 return.                                                                 
              We conclude that petitioner has established that she will               
         suffer economic hardship if she is not granted equitable relief.             
         This factor weighs in favor of granting relief.                              
              3.   Knowledge or reason to know                                        
              For the reasons stated in our analysis of this factor under             
         Rev. Proc. 2003-61, sec. 4.02, we conclude petitioner has failed             
         to establish that she did not have reason to know when the return            
         was filed that the tax liability shown as due would not be paid.             
         This factor weighs against granting relief.                                  










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