William C. Eberhardt, Jr. and Susan A. Eberhardt - Page 11

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                                                       Allowable                      
           Income                Expense Type          Expense Amount                 
          $10,834             National standard1       $1,235                         
                              Housing & utilities           1,223                     
                              Transportation                1,070                     
                              Health care                   382                       
                              Taxes                         1,546                     
                              Total                         5,456                     
          Ms. Clinger concluded that petitioners had the ability to pay               
          $5,378 per month–-the net difference between petitioners' monthly           
          income and monthly allowable expenses--toward their outstanding             
          1995 tax liability.  Petitioners declined Ms. Clinger's offer of            
          an installment agreement.  Petitioners also requested an                    
          abatement of interest on the deficiency because they feel the               
          audit of their 1995 tax year was prolonged due to mistakes of the           
          IRS employees who performed the audit.                                      
               Upon consideration of petitioners' submitted documentation,            
          Ms. Clinger prepared a Form 1271-c, Rejection or Withdrawal                 
          Memorandum, recommending that petitioners' OIC be rejected.  Ms.            
          Clinger concluded that, given petitioners' available asset equity           
          and monthly disposable income, petitioners have the ability to              
          pay the liability in full via an installment agreement.  She also           
          noted that petitioners did not demonstrate any special                      
          circumstances or grounds for an exception for effective tax                 

               1National standard expenses are for clothing and clothing              
          services, food, housekeeping supplies, personal care products and           
          services.  See Schulman v. Commissioner, T.C. Memo. 2002-129 n.6.           





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