- 14 - 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 beforePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011