Al Sampson - Page 11

                                       - 10 -                                         
               Assuming petitioner secures employment after graduation, he            
          likely will earn significantly more income than he has over the             
          past several years.  For the reasons stated above, however, it is           
          difficult to estimate the amount of his future income or when he            
          will receive such income.  The facts of petitioner’s case                   
          therefore appear to fit squarely within IRM sec. 5.8.5.5(6).                
          Nevertheless, there is no indication that the Appeals officer               
          considered using a future income collateral agreement.  Instead,            
          the Appeals officer determined that because petitioner’s status             
          as a student was “not really relevant”, petitioner’s future                 
          income included the wages he could have earned, but chose to                
          forgo, in order to pursue his studies (forgone earnings).  The              
          Appeals officer also determined that petitioner’s forgone                   
          earnings were sufficient to pay his 2002 tax liability in full.             
               It is true petitioner could have increased his income had he           
          discontinued his education and found work; however, we can find             
          nothing in the IRM suggesting that a student’s forgone earnings             
          are a component of future income.  In fact, the example in IRM              
          sec. 5.8.5.5(6) indicates a taxpayer can qualify for an OIC                 
          despite choosing to pursue education rather than employment.  The           
          example does not include forgone earnings as part of the                    
          taxpayer’s reasonable collection potential.                                 
               Even if petitioner’s future income did include forgone                 
          earnings, the difficulty of calculating the amount of such                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011