Amy H. O'Brien - Page 14

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                    (3) Taxpayer has not encouraged others to refuse                  
               to comply with the tax laws.                                           
               For purposes of appraising respondent’s exercise of                    
          discretion, we consider petitioner’s circumstances, as presented            
          to the Appeals Office, in light of the foregoing standards.  The            
          regulations emphasize economic hardship, and petitioner                     
          throughout these proceedings has generally asserted her lack of             
          ability to pay.  Economic hardship is defined as an inability to            
          meet reasonable basic living expenses.  Sec. 301.6343-1(b)(4),              
          Proced. & Admin. Regs.                                                      
               Petitioner in her Form 433-A alleged an estimated monthly              
          income of $2,000, comprising $1,500 in earnings as an artist’s              
          model and $500 in distributions from the trust.  The Form 433-A             
          further showed estimated monthly expenses of $1,975.50, including           
          $250 for food, clothing, and miscellaneous; $1,016.50 for housing           
          and utilities; $62 for transportation; $40 for health care; $557            
          for taxes; and $50 for other expenses.  Yet petitioner submitted            
          bank statements reflecting miscellaneous expenditures and cash              
          withdrawals of at least $1,500 to $1,800 per month, which amounts           
          apparently exclude rental expenses.  A number of the outlays are            
          to establishments that provide other than “basic necessities”,              
          such as Castle Wine & Spirits, Sea Grape Wine & Spirits, Ryan’s             
          Irish Pub, Rockefeller Center Cafe, Borders Books & Music, Tower            
          Records, World of Video, Triton Video, Radio Shack, The Gap, and            
          Speedo Authentic Fitness.  The discrepancy between the seeming              





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