- 8 - property exempt from levy which is available to pay the taxpayer’s expenses; (e) any extraordinary circumstances such as special education expenses, a medical catastrophe, or a natural disaster; and (f) any other factor that the taxpayer claims bears on economic hardship and brings to the Commissioner’s attention. Id. The parties dispute whether payment of the tax at issue would be an economic hardship for petitioner. Petitioner estimated the monthly amounts of several necessary living expenses listed in section 301.6343-1(b)(4)(ii), Proced. & Admin. Regs., e.g., $400 for food, $120 for gasoline, and $10 for clothing. According to her estimates, her expenses equaled or exceeded her income. However, it does not appear that petitioner always incurred the amounts of expenses she listed. For example, she testified that she spent the amounts indicated for gasoline and clothing if she could afford to spend that much. Thus, we think petitioner overstated her monthly expenses somewhat. Petitioner was 42 years old at the time of trial and apparently she will be able to be employed for many more years. If relief is not granted, petitioner will remain liable for paying $8,261 plus related interest. We conclude that this factor is neutral.5 5 Respondent contends, in effect, that petitioner’s expenses for her son were not reasonable basic living expenses. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011