Lesley J. Smith, a.k.a. Lesley J. Scott - Page 14




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               Petitioner needs a knee replacement but cannot afford the              
          cost that exceeds the amount that would be paid by her health               
          insurance.  Moreover, if she had the surgery, she would need to             
          take a month off from work without pay and would not be able to             
          pay living expenses for that month.                                         
               The Appeals officer assigned to petitioner’s case determined           
          that (1) petitioner was divorced from Mr. Scott, (2) petitioner             
          would not suffer economic hardship if relief from liability was             
          not granted, (3) petitioner did not allege abuse, (4) petitioner            
          had reason to know that there was not enough cashflow to pay the            
          taxes, and Mr. Scott had informed her that they could not afford            
          to pay taxes and had filed for bankruptcy, (5) the Scotts’                  
          divorce decree did not address the payment of taxes for any year            
          except 2000, (6) one-half of the liability on each return was               
          attributable to petitioner and one-half was attributable to Mr.             
          Scott, (7) petitioner did not receive significant benefit other             
          than normal support, (8) petitioner and Mr. Smith had unpaid                
          taxes for 2002, and (9) petitioner did not allege any health                
          problems.  The Appeals officer concluded that, despite the lack             
          of economic hardship, it would be inequitable to hold petitioner            
          liable for the portion of tax liability attributable to Mr.                 
          Scott.  Therefore, on September 1, 2004, the Appeals Office sent            
          petitioner a notice of determination granting her partial                   
          equitable relief under section 6015(f), as follows:                         







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