- 17 - Murphy v. Commissioner, 125 T.C. 301, 309, 320 n.10 (2005), affd. 469 F.3d 27 (1st Cir. 2006); Barnes v. Commissioner, T.C. Memo. 2006-150. A. Economic Hardship Petitioner asserts that Ms. Cochran abused her discretion by rejecting his offer-in-compromise because “There is no indication that SO Cochran gave any substantive consideration to Petitioner’s demonstrated special circumstances or that he would experience a hardship if required to make a full-payment.” In support of this assertion, petitioner argues: (1) Ms. Cochran failed to discuss petitioner’s special circumstances in the notice of determination; (2) Ms. Cochran failed to consider that petitioner’s expenses are currently greater than his income and that those expenses will likely increase; and (3) Ms. Cochran improperly valued petitioner’s house. 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 hisPage: 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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