- 26 -
A--a figure merely provided on the Form 433-A and not
substantiated by any underlying evidence--petitioner had $1,134
per month (approximately $13,600 per year) available to pay
towards the outstanding tax liability.
Petitioner did not present evidence that demonstrated that
petitioner will be unable to pay her reasonable basic living
expenses if relief is not granted. Sec. 301.6343-1(b)(4),
Proced. & Admin. Regs. Accordingly, we conclude that respondent
was correct, and did not abuse his discretion, in determining
that petitioner would not suffer economic hardship.
Although not a specific factor listed in the revenue
procedure, in considering all the facts and circumstances it is
worth noting that petitioner was skeptical about the supposed tax
benefits provided by the Hoyt partnerships and did not think it
would work.
Petitioner also argues that respondent made blanket “pro
forma” denials of Hoyt investor section 6015 claims. We
disagree. Respondent’s agents assigned to review petitioner’s
claim conducted a full, impartial, and fair evaluation of
petitioner’s section 6015 claim. They reached their conclusions
14(...continued)
Ranger. Petitioner did not provide evidence regarding how the
amount of the transportation expense on the Form 433-A was
calculated. Accordingly, in determining the amount of monthly
expenses, petitioner may have double counted the lease payment
for the 2002 Ford Ranger.
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: May 25, 2011