Cimberly Catherine Clarke-Lewis - Page 11




                                       - 10 -                                         
          expenses, and she is working three jobs and “still not making               
          it.”                                                                        
               The IRS will take into consideration whether the requesting            
          spouse will suffer economic hardship if relief is not granted.              
          Rev. Proc. 2003-61, sec. 4.03(2)(a)(ii), 2003-2 C.B. at 298.                
          Generally, economic hardship exists if collection of the tax                
          liability will cause the taxpayer to be unable to pay reasonable            
          basic living expenses.  Butner v. Commissioner, supra.                      
               In determining a reasonable amount for basic living                    
          expenses, the Court considers, among other things:  (1) The                 
          taxpayer’s age, employment status and history, ability to earn,             
          and number of dependents; (2) an amount reasonably necessary for            
          food, clothing, housing, medical expenses, transportation,                  
          current tax payments, and expenses necessary to the taxpayer’s              
          production of income; (3) the cost of living in the taxpayer’s              
          geographic area; (4) the amount of property available to satisfy            
          the taxpayer’s expenses; (5) any extraordinary circumstances;               
          i.e., special education expenses, a medical catastrophe, or a               
          natural disaster; and (6) any other factor bearing on economic              
          hardship.  See sec. 301.6343-1(b)(4)(ii), Proced. & Admin. Regs.            
          Petitioner must prove that the expenses qualify and that they are           
          reasonable.  See Monsour v. Commissioner, T.C. Memo. 2004-190.              










Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: March 27, 2008