Martin and Sharon Smith - Page 18




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          broadly as petitioners.  Fargo does not support their claim that            
          Appeals was automatically required to accept petitioners’                   
          bargain-basement offer of $11,552.  It cannot be gainsaid that a            
          significant motivation of their investment in the Hoyt tax                  
          shelters was to realize tax savings.                                        
               Petitioners also argue that their offer was required to be             
          accepted because they adequately demonstrated that they will                
          suffer economic hardship if required to pay their assessed tax              
          liability in full.  To this end, petitioners state, Driver                  
          ignored both their medical issues and their age and retirement              
          status in making her determination, and it is “reasonably                   
          foreseeable” that they will need all of their home equity and               
          retirement assets to compensate for this shortfall and to use for           
          their care and support in the future.  By petitioners’ count,               
          their monthly income is exceeded by their monthly expenses,                 
          creating a deficit of $819 (i.e., monthly income of $3,223 less             
          monthly living expenses of $4,042), and Driver’s analysis                   
          requires that they liquidate all of their retirement accounts and           
          home equity in order to pay their tax liability.                            
               We disagree with petitioners that they have demonstrated               
          that requiring them to pay more than $11,552 towards their                  
          assessed tax liability will result in an economic hardship.9  The           

               9 Even if they had shown economic hardship, a compromise on            
          the basis of effective tax administration will not be made if it            
                                                             (continued...)           





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