Segudino and Delfa Razo - Page 7

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          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 of               






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