Donald G. and Claudia A. Willis - Page 8

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          proposed three alternatives to collection.  We address each                 
          seriatim.                                                                   

          Currently Not Collectible                                                   
               Generally, currently not collectible (CNC) status may be               
          available when a taxpayer has no ability to make payments.                  
          2 Administration, Internal Revenue Manual (CCH), sec. 5.16.1.1,             
          at 17,803 (2000).  A taxpayer’s ability to make payments is                 
          determined by calculating the excess of income over necessary               
          living expenses.  2 Administration, Internal Revenue Manual                 
          (CCH), sec. 5.16.1.2.1, at 17,804 (2000).  CNC status may be                
          available based on “hardship” if the levy action would prevent              
          the taxpayer from meeting necessary living expenses.                        
               Petitioners submitted to the settlement officer certain                
          personal financial information in support of their request for              
          CNC status for the cumulative liability.  The settlement officer            
          concluded that petitioners had the ability to make monthly                  
          payments and that CNC status was not appropriate.  Petitioners do           
          not challenge the settlement officer’s conclusion as to their               
          ability to make some payments toward their cumulative liability;            
          indeed, petitioners’ proposed offer in compromise, involving                
          payments of $180 per month, would belie any such claim.                     
               Petitioners clearly had some ability to make payments toward           
          the cumulative liability.  As a result, petitioners were not                
          eligible to have the cumulative liability classified as CNC.  We            





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