- 13 - Office not to accept her OIC. See id. at 175-176. As we pointed out there, “The unfortunate consequences of the AMT in various circumstances have been litigated since shortly after the adoption of the AMT. In many different contexts, literal application of the AMT has led to a perceived hardship, but challenges based on equity have been uniformly rejected.” Id. at 176 (and cases cited therein). Petitioner asserts “economic hardship” as a justification for compromise and that it should be expansively construed by respondent to constitute an available ground for accepting the OIC. Pursuant to section 301.7122-1(c), Proced. & Admin. Regs., economic hardship constitutes a basis for compromise, although the compromise is classified within the ETA rubric. ETA is bifurcated into subcategories of enumerated justifications for compromise in section 301.7122-1(c), Proced. & Admin. Regs.--the aforementioned public policy and equity, and economic hardship. The following three scenarios are depicted in section 301.7122- 1(c), Proced. & Admin. Regs., as supporting (but not conclusive of) a determination of economic hardship: A taxpayer suffering from a long-term illness, medical condition, or disability, which is expected to exhaust the taxpayer’s financial resources; total depletion of a taxpayer’s income resulting as a result of the provision of dependent care; and an inability of a taxpayer to exploit existing asset wealth in order to finance both basicPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011