Lawrence Jay Russ - Page 14




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          for the production of income and/or for the health and welfare of           
          the taxpayer and his family.  Id.  The sum of the necessary                 
          expenses establishes the minimum amount the taxpayer needs to               
          live.  Id.                                                                  
               A taxpayer’s reasonable collection potential is determined,            
          in part, using published guidelines for certain national and                
          local allowances for basic living expenses.  Income and assets in           
          excess of those needed for basic living expenses are considered             
          available to satisfy Federal income tax liabilities.  This strict           
          formulaic approach is disregarded, however, on a showing by the             
          taxpayer of special circumstances including, but not limited to,            
          advanced age, poor health, history of unemployment, disability,             
          dependents with special needs, or medical catastrophe, that may             
          cause an offer to be accepted notwithstanding that it is for less           
          than the taxpayer’s reasonable collection potential.  Lemann v.             
          Commissioner, T.C. Memo. 2006-37.                                           
               Petitioner asserted generally that the published expense               
          schedules do not adequately reflect the cost of living in greater           
          Los Angeles.  The Court does not doubt that living in southern              
          California is expensive.  However, the scheme of national and               
          local expense standards employed by the Commissioner reasonably             
          attempts to consider regional and local costs.  Local standards,            
          for example, cover two necessary expenses:  Housing and                     








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