Linda D. Farmer - Page 2




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               We review respondent’s determination for abuse of                      
          discretion, and for the reasons explained herein we find                    
          respondent’s determination was in error.                                    
                                  FINDINGS OF FACT                                    
               Petitioner resided in Albermarle, North Carolina, when her             
          petition in this case was filed.                                            
               Petitioner was married to Daniel Brown during the years in             
          question.  They separated in July 2000 and were divorced sometime           
          in 2002.                                                                    
               During the years in question, petitioner assisted Mr. Brown            
          in his heating and air-conditioning business.  They did not pay             
          the income tax liabilities of $2,597 and $416 reflected on their            
          1994 and 1999 returns, respectively.  Respondent made an                    
          assessment of $2,425.85 to correct a mathematical error on the              
          1995 joint return.  This amount was also unpaid.  The amounts of            
          tax remaining unpaid are $1,785.30, $2,425.85, and $416,                    
          respectively.                                                               
               Petitioner mailed a Form 8857, Request for Innocent Spouse             
          Relief, in December 2002.  In August 2003, respondent made an               
          initial determination to deny relief on the basis that petitioner           
          had knowledge of the taxes due at the time she signed the joint             
          returns, that there was no spousal abuse, and that petitioner had           
          failed to establish economic hardship.  Petitioner appealed this            
          denial to no avail, and respondent issued a notice of                       







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