Gerry Ashurst - Page 11

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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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