Robert and Grace Bergevin - Page 18




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               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.                                  
          The regulation states that no compromise may be entered into if             
          such compromise of liability would undermine compliance by                  
          taxpayers with the tax laws.  Sec. 301.7122-1(b)(3)(iii), Proced.           
          & Admin. Regs.  Paragraph (c)(3)(ii) then sets forth factors that           
          support (but are not conclusive of) a determination that a                  
          compromise would undermine compliance with the tax laws.  These             
          factors include:  (A) A taxpayer who has a history of                       
          noncompliance with the filing and payment requirements of the               
          Internal Revenue Code; (B) a taxpayer who has taken deliberate              
          action to avoid the payment of taxes; and (C) a taxpayer who has            
          encouraged others to refuse to comply with the tax laws.  Sec.              
          301.7122-1(c)(3)(ii), Proced. & Admin. Regs.  The regulation                
          continues:                                                                  
                    (iii) The following examples illustrate the types                 
               of cases that may be compromised by the Secretary, at                  
               the Secretary’s discretion, under the economic hardship                
               provisions of paragraph (b)(3)(i) of this section:                     
                    Example 1.  The taxpayer has assets sufficient to                 
               satisfy the tax liability.  The taxpayer provides full                 
               time care and assistance to her dependent child, who                   
               has a serious long-term illness.  It is expected that                  
               the taxpayer will need to use the equity in his assets                 
               to provide for adequate basic living expenses and                      
               medical care for his child.  The taxpayer’s overall                    
               compliance history does not weigh against compromise.                  






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