Elsa Estelle Hopkins - Page 14




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          regardless of whether the factor is listed in Rev. Proc. 2003-61,           
          sec. 4.03.                                                                  
               1.  Marital status.  This factor weighs in favor of relief             
          if the requesting spouse and the nonrequesting spouse are                   
          divorced, legally separated, or living apart.  Petitioner and Mr.           
          Hopkins are married but have lived separately since December                
          1996.  This factor weighs in favor of granting relief.                      
               2.  Economic hardship.  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 the expenses are reasonable.  Monsour v.                   
          Commissioner, T.C. Memo. 2004-190.  Petitioner has provided no              
          evidence that she will be unable to pay basic living expenses if            
          she is held liable for the deficiency.  This factor weighs                  
          against granting petitioner relief.                                         
               3.  Knowledge or reason to know.  In a situation where a               
          liability has not been paid and the requesting spouse did not               
          know or have reason to know that the nonrequesting spouse would             
          not pay the liability, this factor would weigh in favor of                  
          granting relief.  Rev. Proc. 2003-61, sec. 4.03(2)(a)(iii).  The            
          liabilities reported on the returns for tax years 1995 and 1996             
          resulted from both petitioner’s and Mr. Hopkins’s incomes.  At              
          the time the returns were filed, petitioner knew that they could            







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