- 13 - also Jonson v. Commissioner, 118 T.C. 106, 125-126 (2002), affd. 353 F.3d 1181 (10th Cir. 2003). What the Court did not do in Washington was agree with the Commissioner’s conclusion that the taxpayer had “offered no evidence to show that she would suffer an economic hardship if relief were denied.” Washington v. Commissioner, supra at 149. The taxpayer in Washington showed not only that her assets were meager, but also that she had to support a family of three at a “near poverty-level existence” (in her case, around $15,020). Id. at 150 n.7. The Court did not hold, as petitioner mistakenly concludes, that “only taxpayers with income at the poverty level” will qualify as suffering economic hardship. The regulation provides that the Commissioner will consider “any information provided by the taxpayer” that is relevant to the determination, including, but not limited to, the factors listed in the regulation. See sec. 301.6343-1(b)(4)(ii), Proced. & Admin. Regs. The Court found as a fact in Washington that the taxpayer, on the record in that case, would suffer economic hardship if not relieved of liability. The Court finds that determining economic hardship by reference to section 301.6343- 1(b)(4)(i), Proced. & Admin. Regs., is not arbitrary, capricious, or without sound basis in fact and is therefore not an abuse of discretion.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008