Franklin and Janetta Hubbart - Page 18

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               2.   Petitioners’ Income, Assets, and Future Expenses                  
               Petitioners assert that Ms. Cochran erroneously determined             
          their reasonable collection potential by:  (1) Considering 77               
          months of petitioners’ future income instead of 48 months; (2)              
          failing to adequately consider their age, health, retirement                
          status, medical costs, and the likelihood of future increases in            
          medical and housing costs; and (3) improperly valuing                       
          petitioners’ house.  Petitioners’ arguments are not persuasive.             
               Section 5.8.5.5 of the IRM provides that, when a taxpayer              
          makes a cash offer to compromise an outstanding tax liability,              
          only 48 months of future income should be considered.                       
          Petitioners made a cash offer, but Ms. Cochran used 77 months of            
          future income.  At trial, Ms. Cochran acknowledged that she                 
          should have used only 48 months of future income.  Ms. Cochran              
          recomputed petitioners’ reasonable collection potential using 48            
          months and determined that it was $329,068, instead of $394,318,            
          as reflected in the notice of determination.  Ms. Cochran                   
          testified that the change would not have had an effect on her               
          final determination because, using either calculation,                      
          petitioners’ reasonable collection potential was greater than               
          their offer amount ($60,400).  We find that Ms. Cochran’s error             
          did not amount to an abuse of discretion because, even when the             
          error is corrected, petitioners’ reasonable collection potential            
          of $329,068 far exceeds their offer amount of $60,400.                      






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