Bea-Jaye Ware - Page 12




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               4.   Compliance With Tax Laws                                          
               Petitioner complied with Federal income tax laws after 1999,           
          the last year in issue.  This factor is neutral.                            
               5.   Economic Hardship                                                 
               A factor treated by the Commissioner as weighing in favor of           
          relief under section 6015(f) is that paying the taxes owed would            
          cause the requesting spouse to suffer economic hardship.  Rev.              
          Proc. 2000-15, sec. 4.03(1)(b), 2000-1 C.B. at 448.  The                    
          Commissioner considers the taxpayer to suffer economic hardship             
          if paying the tax would prevent the taxpayer from paying                    
          reasonable basic living expenses.  Sec. 301.6343-1(b)(4)(i),                
          Proced. & Admin. Regs.; Rev. Proc. 2000-15, secs. 4.02(1)(c) and            
          4.03(1)(b), 2000-1 C.B. at 448-449.                                         
               Respondent determined that petitioner failed to allege that            
          economic hardship would arise if she were denied relief.                    
          Petitioner did not allege in her request for innocent spouse                
          relief, at trial, or in her opening brief that she would suffer             
          economic hardship if denied relief.  Petitioner’s first and only            
          mention of economic hardship is in her reply brief, where she               
          states:  “It is simply baffling that respondent cannot determine            
          for itself that petitioner would suffer economic hardship if                
          relief from joint and several liability is not granted when it              
          was garnishing $557.45 from her paychecks leaving her a paltry              
          $356.55 for two (2) weeks take home pay.”  While the garnishment            







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