Wendlyn H. Albin - Page 23

                                       - 23 -                                         
                         (F) Any other factor that the taxpayer                       
                    claims bears on economic hardship and brings                      
                    to the attention of the director.                                 
               Petitioner has presented little or no evidence of her                  
          current financial situation, such as her current salary, her                
          basic living expenses, or the amounts of her other debts.  Nor              
          has petitioner presented any evidence as to the nature and amount           
          of her basic living expenses which she will be unable to pay if             
          she is not granted her requested relief.  On the record before              
          us, we conclude that petitioner has failed to carry her burden of           
          establishing within the context of section 301.6343-1(b)(4),                
          Proced. & Admin. Regs., (1) her basic living expenses, and (2)              
          that any expenses which she considers to be basic living expenses           
          are “reasonable”.  We also conclude that petitioner has failed to           
          carry her burden of establishing that she would suffer an                   
          economic hardship if the Court were to deny her equitable relief            
          and that she has failed to carry her burden of establishing that            
          the economic hardship factor in Rev. Proc. 2000-15, sec.                    
          4.03(1)(b), is present in this case.  We conclude that this                 
          factor does not weigh in favor of granting equitable relief to              
          petitioner for any of the subject years.  Because Rev. Proc.                
          2000-15, supra, states that this factor will only serve to weigh            
          in favor of granting relief when it is met, and fails to state              
          that this factor will weigh against granting relief when it is              
          not met, we consider this factor neutral.                                   






Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011