- 7 - are not destitute. The record reflects that petitioners own two automobiles, one with a quick sale value of $10,120, subject to an encumbrance of $921, and the other with a quick sale value of $8,988, subject to an encumbrance of $5,700. Petitioners do not dispute that these figures are correct. The Appeals officer sustained the lien and suspended their account as “temporarily not collectible”. There is no evidence that the Government is currently taking any efforts to collect on petitioners’ account. Section 301.7122-1(c)(3), Proced. & Admin. Regs., authorizes the Internal Revenue Service, in compromising liabilities, to take into account circumstances where payment in full would create economic hardship. In this case, the Appeals officer determined that petitioners did not have sufficient income to enter an installment agreement. However, the regulations do not require the Commissioner to relieve a liability completely because the taxpayers are unable to pay the liability from current income. Petitioners have not shown that they are unable to pay at least a part of their liability from their remaining assets. Their $100 de minimis offer effectively asks respondent to forgive their entire liability, despite the value of their assets. On the basis of the undisputed facts presented to the Appeals officer, if petitioners were to sell one of their two automobiles, they could pay the entire amount of the liability at issue. Under these circumstances, we cannot find an abuse ofPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011