- 14 - deficiencies.8 Petitioner’s actual knowledge is a strong factor weighing against relief, which can be overcome only if the factors in favor of equitable relief are particularly compelling. Petitioner contended at trial that she would experience economic hardship if she were forced to pay the tax liabilities for the years at issue. A taxpayer might experience economic hardship if he or she is unable to pay basic reasonable living expenses. Sec. 301.6343-1(b)(4)(i), Proced. & Admin. Regs. It is the taxpayer’s burden to show both that the expenses qualify and that they are reasonable. Monsour v. Commissioner, T.C. Memo. 2004-190. Despite her assertion that paying the tax liabilities would cause her to experience economic hardship, petitioner provided no evidence at trial that she would be unable to pay basic living expenses if she were held liable for the deficiencies. As noted earlier, petitioner was and remains gainfully employed. The Court fails to see, and petitioner has not established, that she would suffer economic hardship if her request for relief were denied. This factor weighs against granting relief to petitioner. On the basis of the facts and circumstances in this case, including the factors set forth in Rev. Proc. 2003-61, supra, the 8Rev. Proc. 2003-61, sec. 4.03(2)(a)(iii)(c), provides factors to consider in determining whether the requesting spouse had reason to know of the item giving rise to the deficiency. Because the Court is convinced that petitioner had actual knowledge of the omitted items of income, consideration of these factors is superfluous.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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