Robert A. and Nanci M. Spurgin - Page 15




                                       - 15 -                                         
               On February 14, 1997, petitioner faxed Mr. Marine a letter             
          dated February 13, 1997.  The letter acknowledged:                          
               The rejection of my offer is based largely upon the                    
               surplus between my living expenses as you have                         
               calculated them and my current monthly income.  A                      
               significant part of that evaluation involves the                       
               government-imposed housing expense limit of $1500.00[1]                
               per month, which as you indicated is in reality quite                  
               low.                                                                   
               1Actually, $1,568.                                                     
          The letter also proposed that petitioners’ outstanding liability            
          “be capped at the original amount of the remaining tax balance,             
          $29,600,8 payable in 60 equal monthly payments of $500.00".                 
               By letter dated February 18, 1997, Mr. Marine advised                  
          petitioner that his proposal to “cap” petitioners’ outstanding              
          liability could not be honored because of the statutory                     
          requirement that “interest and penalty be collected on delinquent           
          liabilities.”  The letter concluded as follows:                             
               As we discussed in our recent telephone conversation,                  
               your ability to make payments (based on Offer in                       
               Compromise criteria) is the major stumbling block in                   
               the consideration of your offer.  Your “life-style                     
               choices”, although commendable, on the expenditure of                  
               your available funds will always be a deterrent.                       
               The offer program is meant for those who truly do not                  
               have the assets or ability to pay.  Clearly, this is                   
               not the case with you.                                                 
               Should you have any further questions, please feel free                
               to contact me.  Perhaps an installment agreement can be                
               made with the office closest to you.                                   



               8 Actually, $29,742.  See supra p. 4.                                  





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