Tracy Jodette August - Page 8




                                        - 8 -                                         
               Third, we conclude that petitioner will suffer economic                
          hardship if relief under section 6015(f) is not granted.3                   
          Petitioner’s only income is public assistance.  This income is              
          exempt from levy.  Sec. 6334(a)(11).4  Petitioner’s income is so            
          minimal that she is not required to pay child support.                      
          Additionally, petitioner suffers from mental illness which                  
          affects her ability to earn a living.                                       

               3 Sec. 301.6343-1(b)(4)(ii), Proced. & Admin. Regs.,                   
          provides factors that will be considered in determining whether             
          satisfaction of the levy will cause an individual taxpayer                  
          economic hardship because she will be unable to pay her                     
          reasonable living expenses.  These factors include the taxpayer’s           
          age, her employment status and history, her ability to earn, the            
          number of dependents, any extraordinary circumstances, and any              
          other factor that the taxpayer claims bears on economic hardship            
          and brings to the attention of the director.                                
               4 Sec. 6334(a)(11) provides:                                           
                    SEC. 6334(a).  Enumeration.--There shall be exempt                
               from levy--                                                            
                           *    *    *    *    *    *    *                            
                         (11) Certain Public Assistance                               
                    Payments.--Any amount payable to an                               
                    individual as a recipient of public                               
                    assistance under--                                                
                              (A) title IV or title XVI                               
                         (relating to supplemental security                           
                         income for the aged, blind, and                              
                         disabled) of the Social Security                             
                         Act, or                                                      
                              (B) State or local government                           
                         public assistance or public welfare                          
                         programs for which eligibility is                            
                         determined by a needs or income                              
                         test.                                                        





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011