- 12 -
Economic hardship for purposes of the revenue procedure is
determined by using rules similar to those under section
301.6343-1(b)(4), Proced. & Admin. Regs., and generally involves
an inability to pay reasonable basic living expenses. Rev. Proc.
2000-15, sec. 4.02. This regulation provides that the
Commissioner will consider any information offered by the
taxpayer that is relevant to the determination, including, but
not limited to, the taxpayer’s age, ability to earn, and
responsibility for dependents and the amount reasonably necessary
for basic living expenses. See sec. 301.6343-1(b)(4)(ii),
Proced. & Admin. Regs.
Petitioner provided insufficient evidence to support a
finding of economic hardship. Petitioner provided no evidence as
to her basic monthly living expenses other than two lists of her
monthly expenses which totaled $2,968 and $3,024, respectively,
and copies of several medical bills which totaled $1,051.
Assuming, without finding, that all of the expenses petitioner
claimed (e.g., expenses relating to her adult son) qualify as
basic living expenses within the meaning of section 301.6343-
1(b)(4), Proced. & Admin. Regs., petitioner provided no evidence
as to the amount of her claimed monthly living expenses.
Additionally, at the time of the trial in this case, petitioner
was earning approximately $42,000 a year. Other than the three
medical bills (two of which were for petitioner’s son),
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011