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2, monthly out of these accounts until it was exhausted 000. She also credibly testified that the monthly withdrawals were used only to supplement her earnings, child support, and alimony in meeting household expenses, specifically the mortgage. 600 was satisfied by her stimulus payment. 99,497 from the sale of Allison’s curiosity about the Orinda home.

1,075 came from joint and/or independent bank accounts. One interchange at trial is particularly telling in this respect. A: For some time. But I’ll, you understand, never get to retire. Q: Are you going to be able to keep your vehicle? The Commissioner, for his part, also highlights errors with Allison’s computations, which she concedes. She’s not dipped into her savings. 1,297 monthly immediately before trial. The record lacks any explanation of how she could continually run such large deficits while her savings remains conclusion doesn’t change if we adapt the scope and standard of our review.

Apart from alleging that she was “psychologically and psychologically bullied,” Allison launched no evidence of mistreatment: The doctors’ reports she provided observed only that she was recommended antidepressants, which Michael was “secretive,” resulting in great marital stress. No police was presented by her reports, and no witness statements. We cannot say that the Commissioner erred when he concluded under the facts available to him at that time he made his last determination that Allison wasn’t abused. This factor is natural for Allison no matter which standard and scope of review we use. Mental/Physical Health Where a spouse was in poor mental or physical health when she agreed upon a return, the equities balance more favorably towards finding her eligible for innocent-spouse comfort.

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See Rev. Proc. 2003-61, sec. 4.03(2) (b) (ii), 2003-2 C.B. at 299; see also Harris v. Commissioner, T.C. 6. Allison launched evidence at trial and through the Commissioner’s administrative review that she has suffered physical hardship consequently of the stress of her divorce from Michael. 2002, and has seen a therapist for at least as long. The Commissioner contends that mental condition wasn’t one factor when she authorized the come back or requested alleviation. We disagree, and note that Commissioner shows us nothing at all to controvert Allison’s evidence for this factor.

We conclude that the factor weighs in favor of providing her alleviation, tempered relatively because she hasn’t set up that her unhappiness is particularly incapacitating. See Rev. Proc. 2003-61, sec. We conclude in different ways and novoreview. The Commissioner argues that we should alsoconsider, as a particular unlisted factor, the fact that the O’Neils could have paid their 2005 goverment tax bill when they refinanced their house, but never chose to.

This argument is similar to what we should already be assayed in regards to financial hardship and depends on the same group of facts. The Commissioner will make a good point, but we have already kept that the fact that the responsibility was satisfied out of Allison’s nonexempt property weighs against finding for her.