- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007