Pamela J. Ellison - Page 26

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          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.                                                   





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