Robert and Grace Bergevin - Page 19




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                    Example 2.  The taxpayer is retired and his only                  
               income is from a pension.  The taxpayer’s only asset is                
               a retirement account, and the funds in the account are                 
               sufficient to satisfy the liability.  Liquidation of                   
               the retirement account would leave the taxpayer without                
               an adequate means to provide for basic living expenses.                
               The taxpayer’s overall compliance history does not                     
               weigh against compromise.                                              
                    Example 3.  The taxpayer is disabled and lives on                 
               a fixed income that will not, after allowance of basic                 
               living expenses, permit full payment of his liability                  
               under an installment agreement.  The taxpayer also owns                
               a modest house that has been specially equipped to                     
               accommodate his disability.  The taxpayer’s equity in                  
               the house is sufficient to permit payment of the                       
               liability he owes.  However, because of his disability                 
               and limited earning potential, the taxpayer is unable                  
               to obtain a mortgage or otherwise borrow against this                  
               equity.  In addition, because the taxpayer’s home has                  
               been specially equipped to accommodate his disability,                 
               forced sale of the taxpayer’s residence would create                   
               severe adverse consequences for the taxpayer.  The                     
               taxpayer’s overall compliance history does not weigh                   
               against compromise.                                                    
          Under the regulations, a compromise may also be entered into to             
          promote efficient tax administration if there are compelling                
          public policy or equity considerations identified by the                    
          taxpayer.  Compromise is justified where, because of exceptional            
          circumstances, collection of the full liability would undermine             
          public confidence that tax laws are being administered fairly.              
          Sec. 301.7122-1(b)(3)(ii), Proced. & Admin. Regs.  Some examples            
          where a compromise is allowed for purposes of public policy and             
          equity are:  (1) A taxpayer who was hospitalized regularly for a            
          number of years and was unable, at that time, to manage his                 
          financial affairs and (2) a taxpayer learns at audit that he was            







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Last modified: March 27, 2008