Kenneth Hawkins - Page 15

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          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 are                  






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