- 7 - (but not conclusive of) a determination that collection would cause economic hardship include, but are not limited to: (A) Taxpayer is incapable of earning a living because of a long term illness, medical condition, or disability, and it is reasonably foreseeable that taxpayer’s financial resources will be exhausted providing for care and support during the course of the condition; (B) Although taxpayer has certain monthly income, that income is exhausted each month in providing for the care of dependents with no other means of support; and (C) Although taxpayer has certain assets, the taxpayer is unable to borrow against the equity in those assets and liquidation of those assets to pay outstanding tax liabilities would render the taxpayer unable to meet basic living expenses. Sec. 301.7122-1(c)(3)(i), Proced. & Admin. Regs. Petitioners contend that Mr. O’Connor’s injuries rendered him permanently disabled. Although Mrs. O’Connor is able to work, petitioners contend any income she earned likely would be offset by the cost of childcare for their daughter. Petitioners therefore assert that the rent from the building is their only source of income. Mr. O’Connor testified that he had attempted to borrow against the equity in petitioners’ properties but was unable to do so. Mr. O’Connor believes lenders view him as a credit risk because of his inability to work. Selling the building to pay the tax liabilities, he believes, would prevent petitioners from meeting necessary living expenses.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011