Roger D. and Mary M. Catlow - Page 21

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               Nor have petitioners articulated with any specificity the              
          purported economic hardship they will suffer if they are not                
          allowed to compromise their liability for $35,000.  While                   
          petitioners claim generally that the sale of their residence                
          would create an economic hardship in that they would be unable to           
          afford paying either rent or a mortgage, this claim is vague,               
          speculative, undocumented, and unavailing.13  See Barnes v.                 
          Commissioner, T.C. Memo. 2006-150.                                          
               We also are mindful that any decision by Cochran to accept             
          petitioners’ offer-in-compromise due to doubt as to                         
          collectibility with special circumstances must be viewed against            
          the backdrop of section 301.7122-1(b)(3)(iii), Proced. & Admin.             
          Regs.  That section requires that Cochran deny petitioners’ offer           
          if her acceptance of it would undermine voluntary compliance with           
          tax laws by taxpayers in general.  Thus, even if we were to                 
          assume arguendo that petitioners would suffer economic hardship,            
          a finding that we emphasize we decline to make, we would not find           
          that Cochran’s rejection of petitioners’ offer was an abuse of              
          discretion because we conclude below (in our discussion of                  
          petitioners’ fifth argument) that her acceptance of that offer              


               13 We note that our opinion here does not necessarily mean             
          that respondent may in fact levy on petitioners’ residence in               
          payment of their tax debt.  Pursuant to sec. 6334(a)(13)(B) and             
          (e), a taxpayer’s principal residence is exempt from levy absent            
          the written approval of a U.S. District Court Judge or                      
          Magistrate.  See also sec. 301.6334-1(d), Proced. & Admin. Regs.            




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