William C. Eberhardt, Jr. and Susan A. Eberhardt - Page 15

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          Proced. & Admin. Regs.  Sec. 301.7122-1(b)(3)(i), Proced. &                 
          Admin. Regs.  Economic hardship is defined as the inability of              
          the taxpayer to pay his or her reasonable living expenses.  Sec.            
          301.6343-1(b)(4), Proced. & Admin. Regs.                                    
               Factors supporting a determination that collection would               
          cause economic hardship within the meaning of section 301.7122-             
          1(b)(3)(i), Proced. & Admin. Regs., include, but are not limited            
          to:                                                                         
                    (A) Taxpayer is incapable of earning a living because             
               of a long term illness, medical condition, or disability,              
               and it is reasonably foreseeable that taxpayer's financial             
               resources will be exhausted providing care and support                 
               during the course of the condition;                                    
                    (B) Although taxpayer has certain monthly income, that            
               income is exhausted each month in providing for the care of            
               dependents with no other means of support; and                         
                    (C) Although taxpayer has certain assets, the taxpayer            
               is unable to borrow against the equity in those assets and             
               liquidation of those assets to pay outstanding tax                     
               liabilities * * *.                                                     
                                                                                     
          Sec. 301.7122-1(c)(3)(i)(A), (B) and (C), Proced. & Admin. Regs.            
               Petitioners claim they cannot pay the tax in full because              
          they have a substantial amount of short-term debt, the expenses             
          of deferred maintenance on their home, and the need to fund their           
          retirement savings over a limited number of years.  These                   
          circumstances fall short of qualifying as economic hardship                 
          within the meaning of section 301.6343-1(b)(4), Proced. & Admin.            
          Regs.                                                                       







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