Linda D. Farmer - Page 9




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          from her own assets.  See sec. 301.6343-1(b)(4)(i), Proced. &               
          Admin. Regs.  We find respondent’s assertion without any evidence           
          to be nonpersuasive in overcoming the prima facie case made by              
          petitioner in Appeals.                                                      
               6.  Knowledge or Reason To Know                                        
               Petitioner admits she knew the tax liabilities would not be            
          paid.  She was in a disadvantageous position to cause the payment           
          of the liabilities, however.  Her husband completely controlled             
          the income from his business, and we find petitioner’s testimony            
          that she had no direct access to the business receipts to be                
          credible.  Accordingly, while this factor is disadvantageous to             
          petitioner, under the limited circumstances of this case we do              
          not find this determination to be fatal to petitioner’s claim for           
          relief.                                                                     
               7.  Whether the Underpayment of Tax Is Attributable to                 
               the Ex-Spouse                                                          
               Respondent finds this factor favorable to petitioner, and we           
          agree.                                                                      
               8.  Legal Obligation To Pay                                            
               Because there is no such obligation, this factor is neutral.           
          D.  Conclusion                                                              
               Because we find economic hardship and a lack of significant            
          benefit from the income subject to tax, we are compelled to                 
          conclude respondent has abused his discretion in denying relief             
          on the facts of this case.                                                  






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