Michael R. Motsko, Petitioner, and Cheryl Manns, Intervenor - Page 12

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               Economic hardship:  We must figure out whether Motsko will             
          suffer economic hardship if his request for relief is not                   
          granted.  The revenue procedure refers us to the regulation in              
          section 301.6343-1(b)(4), Proced. & Admin. Regs., which defines             
          economic hardship as the inability to pay reasonable basic living           
          expenses if taxes were paid instead.  In Motsko’s case, those               
          taxes (and penalties) total over $57,000.  As for his living                
          expenses, section 301.6343-1(b)(4), Proced. & Admin. Regs.,                 
          directs us to consider such factors as the cost of living in                
          Alaska, how much of Motsko’s property is exempt from levy, his              
          earning ability, and any extraordinary circumstances.                       
               Motsko reported on a “Collection Information Statement for             
          Wage Earners” (an IRS form submitted in support of his request              
          for relief) that his monthly wages were $5,154 and that his                 
          monthly expenses (including about $800 a month for his daughter’s           
          hockey programs) were $7,527,3 leaving him with a monthly deficit           
          of $2,373.4  The current allowable living expenses for a two-               


               3 Motsko listed his monthly expenses:                                  
                    Food, clothing and misc.         $ 1,170                          
                    Housing and utilities              2,963                          
                    Transportation                        92                          
                    Health care                          326                          
                    Taxes (income and FICA)            1,024                          
                    Other expenses                   1,952                            
                    Total living expenses           7,527                             
               4 Motsko gave no evidence to the revenue agent to                      
          corroborate his income or expenses, but under Ewing we considered           
          the evidence he presented at trial anyway.                                  




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