Donald Ertz - Page 17

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          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 his                






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