Barry and Sherry Blondheim - Page 17

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          against his home because of his disability.  See sec.                       
          301.7122-1(c)(3)(iii), Examples (1), (2), and (3), Proced. &                
          Admin. Regs.  None of these examples bears any resemblance to               
          this case but instead “describe more dire circumstances”.  Speltz           
          v. Commissioner, 454 F.3d at 786.                                           
               Nor have petitioners articulated with any specificity the              
          purported economic hardship they will suffer if they are not                
          allowed to compromise their liability for $83,213.  Petitioners             
          have given us no reason to disagree with the essence of Cochran’s           
          determination that petitioners’ health does not render them                 
          “incapable of earning a living”, nor have we reason to conclude             
          that petitioners’ “financial resources will be exhausted                    
          providing for care and support during the course of the                     
          condition”.9  Sec. 301.7122-1(c)(3)(i)(A), Proced. & Admin. Regs.           
               We also are mindful that any decision by Cochran to accept             
          petitioners’ offer-in-compromise to promote effective tax                   
          administration must be viewed against the backdrop of section               
          301.7122-1(b)(3)(iii), Proced. & Admin. Regs.  That section                 
          requires that Cochran deny petitioners’ offer if her acceptance             
          of it would undermine voluntary compliance with tax laws by                 

               9 We also note that the Court of Appeals for the Ninth                 
          Circuit in Fargo v. Commissioner, 447 F.3d 706, 710 (9th Cir.               
          2006), affg. T.C. Memo. 2004-13, dismissed a similar claim of               
          economic hardship advanced by the taxpayers there.  Petitioners             
          here, like the taxpayers in Fargo, have substantial assets and              
          future income potential and can afford to pay their tax liability           
          in full.                                                                    




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