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their monthly income exceeded their necessary living expenses,
thereby allowing the full payment of their liabilities.
In reviewing petitioners’ OIC, we note that the Settlement
officer used information that was favorable to petitioners. For
example, the Settlement officer allowed petitioners monthly
living expenses that exceeded the amount they claimed on their
Form 433-A, Collection Information Statement For Individuals.
Moreover, in determining petitioners’ income, the Settlement
officer used income figures that were less than those actually
reported by petitioners. Notwithstanding his use of these
favorable estimates, the Settlement officer still concluded that
petitioners could pay their entire tax liabilities in full.
We have reviewed the entire record, including the financial
information presented to the Settlement officer, and cannot find
that the Settlement officer’s determination rejecting
petitioners’ OIC was an abuse of discretion. See Van Vlaenderen
v. Commissioner, T.C. Memo. 2003-346; Crisan v. Commissioner,
T.C. Memo. 2003-318; Willis v. Commissioner, T.C. Memo.
2003-302. Accordingly, collection by levy of petitioners’ unpaid
tax liabilities reflected in the Determination Notices may
proceed.
To reflect the foregoing,
Decisions will be
entered for respondent.
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Last modified: May 25, 2011