Joan Phyllis Levy - Page 30

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          based on rules similar to those provided in section 301.6343-               
          (1)(b)(4), Proced. & Admin. Regs.14  Respondent contends that               
          petitioner has failed to establish that she would suffer economic           
          hardship if relief were denied for 1991 through 1999.  We agree             
          with respondent.                                                            
               Petitioner provided inadequate evidence addressing pertinent           
          factors given in section 301.6343-1(b)(4), Proced. & Admin. Regs.           
          Petitioner mainly relied only upon her own self-serving and                 
          conclusory testimony that she lacks the income and financial                
          resources to pay the 1979 and 1991 through 1999 tax liabilities.            
          She failed to offer any evidence concerning her reasonable basic            
          living expenses and the cost of living in the Miami, Florida,               
          area.                                                                       
               Petitioner received the Key Biscayne condominium from the              
          dissolution of the marriage.  On cross-examination by respondent,           
          petitioner estimated that the Key Biscayne condominium had a                


               14 Sec. 301.6343-1(b)(4)(ii), Proced. & Admin. Regs.,                  
          provides factors that will be considered in determining whether             
          satisfaction of the levy will cause an individual taxpayer                  
          economic hardship due to an inability to pay reasonable living              
          expenses.  These factors include:  (1) The taxpayer’s age,                  
          employment status and history, ability to earn, and the number of           
          dependents; (2) the amount reasonably necessary for food,                   
          clothing, housing, medical expenses, transportation, and current            
          tax payments; (3) the cost of living in the geographic area; (4)            
          the amount of property exempt from levy which is available to pay           
          the taxpayer’s expenses; and (5) any other factor the taxpayer              
          claims bears on economic hardship and brings to the attention of            
          the director.                                                               






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