- 15 - 309, 320 n.10 (2005), affd. 469 F.3d 27 (1st Cir. 2006); Barnes v. Commissioner, T.C. Memo. 2006-150. A. Economic Hardship Petitioners assert that Ms. Cochran abused her discretion by rejecting their offer-in-compromise because “There is no indication that SO Cochran gave any substantive consideration to Petitioners’ demonstrated special circumstances or that they would experience a hardship if required to make a full-payment.” In support of this assertion, petitioners argue: (1) Ms. Cochran failed to discuss petitioners’ special circumstances in the notice of determination; and (2) Ms. Cochran erroneously determined petitioners’ reasonable collection potential and failed to take into account their future expenses. Section 301.6343-1(b)(4)(i), Proced. & Admin. Regs., states that economic hardship occurs when a taxpayer is “unable to pay his or her reasonable basic living expenses.” Section 301.7122- 1(c)(3), Proced. & Admin. Regs., sets forth factors to consider in evaluating whether collection of a tax liability would cause economic hardship, as well as some examples. One of the examples involves a taxpayer who provides full-time care to a dependent child with a serious long-term illness. A second example involves a taxpayer who would lack adequate means to pay his basic living expenses were his only asset to be liquidated. A third example involves a disabled taxpayer who has a fixed incomePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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