- 12 - living expenses. The determination of the amount of such basic living expenses will be founded upon an evaluation of the individual facts and circumstances presented by the taxpayer’s case. To guide this determination, guidelines published by the Secretary on national and local living expense standards will be taken into account. [Sec. 301.7122-1T(b)(3)(ii), Temporary Proced. & Admin. Regs., 64 Fed. Reg. 39024 (July 21, 1999).] The regulation provides that the guidelines are to be taken into account. When the Appeals officer reviewed petitioners’ offers, he decided to use the guidelines because he thought petitioners’ actual figures were too low. In that regard, there is no specific explanation why the Appeals officer believed that petitioners’ monthly expenses of $3,989 was too low or why the guideline figure of $4,644 was more accurate. The use of the guideline expense figure resulted in a $136 shortfall in petitioners’ capability to meet the $100-monthly installment to satisfy the $2,400 compromise. If petitioners’ submitted monthly expenses of $3,989 had been used, there would have been a $619 surplus of income over expenses that would have enabled petitioners to meet the $100-monthly installment to satisfy the compromise. In essence, the Appeals officer decided that petitioners could not live less expensively than the national average (guidelines). We find it curious that the Appeals officer relied on petitioners’ figures for their vehicle and for their income, but chose not to use petitioners’ figures for their monthlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011