Robert A. Wodarczyk - Page 8




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               In evaluating petitioner’s original offer in compromise, the           
          revenue officer reviewed bank statements and canceled checks from           
          petitioner’s business and personal checking accounts.  He found             
          that petitioner had commingled his business and personal funds in           
          these accounts.  The revenue officer also found that petitioner’s           
          bank deposits exceeded the sources of income shown on his                   
          original offer in compromise.  For the 10-month period reflected            
          on the “Income and Expense Analysis” section of the Form 433-B,             
          the actual deposits into the business account ($42,861.66)                  
          exceeded the reported sources of income on the original offer in            
          compromise ($25,470) by $17,391.66.  The revenue officer returned           
          the case to the Appeals officer with his findings.                          
               The revenue officer calculated petitioner’s future monthly             
          disposable income, described by respondent as an estimate of a              
          taxpayer’s ability to pay based on an analysis of gross income,             
          less necessary living expenses, for a specific number of months             
          into the future, to be $991.17.3  That calculation provided for             
          $70 in monthly transportation expenses (as claimed on                       
          petitioner’s Form 433-A), accounted for the excess deposits,                
          reflected the net income from petitioner’s business, and allowed            
          various other expenses.  The calculation was as follows:                    



               3    The revenue officer made other findings and                       
          calculations which need not be detailed here.                               





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Last modified: May 25, 2011