- 21 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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