Emily Velez - Page 14




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          also Jonson v. Commissioner, 118 T.C. 106, 125-126 (2002), affd.            
          353 F.3d 1181 (10th Cir. 2003).  What the Court did not do in               
          Washington was agree with the Commissioner’s conclusion that the            
          taxpayer had “offered no evidence to show that she would suffer             
          an economic hardship if relief were denied.”  Washington v.                 
          Commissioner, supra at 149.                                                 
               The taxpayer in Washington showed not only that her assets             
          were meager, but also that she had to support a family of three             
          at a “near poverty-level existence” (in her case, around                    
          $15,020).  Id. at 150 n.7.  The Court did not hold, as petitioner           
          mistakenly concludes, that “only taxpayers with income at the               
          poverty level” will qualify as suffering economic hardship.  The            
          regulation provides that the Commissioner will consider “any                
          information provided by the taxpayer” that is relevant to the               
          determination, including, but not limited to, the factors listed            
          in the regulation.  See sec. 301.6343-1(b)(4)(ii), Proced. &                
          Admin. Regs.  The Court found as a fact in Washington that the              
          taxpayer, on the record in that case, would suffer economic                 
          hardship if not relieved of liability.  The Court finds that                
          determining economic hardship by reference to section 301.6343-             
          1(b)(4)(i), Proced. & Admin. Regs., is not arbitrary, capricious,           
          or without sound basis in fact and is therefore not an abuse of             
          discretion.                                                                 








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