Chi Wai - Page 14

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          living expenses and to satisfy the outstanding tax liability.               
               As we said in Speltz v. Commissioner, supra at 178, under              
          almost identical facts:                                                     
                    Unlike the examples set forth under section                       
               301.7122-1(c), Proced. & Admin. Regs., petitioners do                  
               not claim illness or a medical condition or disability;                
               they do not have income that is exhausted providing for                
               the care of dependents; and they have sufficient income                
               to meet “basic living expenses”.  Petitioners’ hardship                
               argument is essentially that the tax liability is                      
               disproportionate to the value that they received from                  
               the ISOs and that they have already been forced to                     
               change their lifestyle unreasonably. ***                               
          Petitioner’s urgent plea in this case does not fall on deaf ears.           
          We sympathize with petitioner’s situation, but regrettably this             
          type of hardship is not unique in the AMT-ISO arena.  Id. at 177.           
          It remains for Congress to address the issue if it chooses to do            
          so, but as the Court of Appeals for the Seventh Circuit said in             
          Kenseth v. Commissioner, 259 F.3d 881, 885 (7th Cir. 2001), affg.           
          114 T.C. 399 (2000):  “it is not a feasible judicial undertaking            
          to achieve global equity in taxation”.                                      
               We have considered petitioner’s many other arguments, but we           
          find them to be without merit.  We hold that petitioner failed to           
          establish that the IRS abused its discretion on the basis of the            
          promotion of effective tax administration when it refused                   
          petitioner’s OIC.                                                           
               At the hearing, petitioner moved orally to admit a “Third              
          Stipulation of Facts” relating to an OIC by her husband, Kenneth            
          Lee, who contemporaneously had a similar matter pending before              





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