- 15 - as-to-collectibility situation, the unique circumstances of the taxpayer to be considered in determining the taxpayer’s reasonable basic living expenses do not include the maintenance of an affluent or luxurious standard of living. Sec. 301.7122- 1T(b)(4)(i), Temporary Proced. & Admin. Regs, 64 Fed. Reg. 39024 (July 21, 1999); sec. 301.6343-1(b)(4)(i), Proced. & Admin. Regs. Substantial equity in a home worth at least $610,000 would weigh against a finding that petitioner was suffering economic hardship when he made the second offer. Moreover, petitioner’s allegations with regard to his home ownership show that petitioner’s assertions are unreliable. Petitioner admitted on cross-examination that he made a 50- percent, $50,000 initial contribution to the downpayment. In addition, he stated in his first offer he had a 50-percent interest in his home before his wife’s disability. He then alleged in his second offer that his home equity had dropped to 25 percent after the disability, even though he alleged that his wife’s condition necessitated his making all the mortgage payments. Even though respondent accepts this decreased ownership for purposes of the second offer, petitioner’s attempts to show a reduction in equity are superficial at best. Irrespective of petitioner’s actual equity position, his inconsistent, self-serving explanations show that his allegations regarding his economic well-being and alleged hardship arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011