Sal and Ruth Alaniz - Page 4

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               As a basis for the OIC, petitioners submitted personal                 
          financial information that showed monthly expenses exceeding                
          monthly income by $1,170.  Petitioners’ claimed $2,895 housing              
          expense and $500 insurance expense accounted for a large portion            
          of the deficit.  Petitioners made no reference to the Ford                  
          Thunderbird.  The Appeals officer questioned the “arm’s length              
          nature” of the automobile’s transfer and concluded that the asset           
          belonged in the offer calculation.  Petitioners do not dispute              
          this conclusion.                                                            
               Respondent rejected petitioners’ OIC on March 13, 2003.                
          Respondent followed prescribed guidelines to determine                      
          petitioners’ collection potential.  See 1 Administration,                   
          Internal Revenue Manual (CCH), sec. 5.8.5.5., at 16,339.  The               
          Appeals officer adjusted petitioners’ claimed housing and life              
          insurance expenses to $789 and $200, respectively.  The Appeals             
          officer used monthly income of $4,860, consisting of $3,411                 
          reflected on petitioners’ 2001 Schedule C, Profit or Loss From              
          Business, and $1,449 of Social Security income, less national               
          standard expenses of $4,148 to arrive at net monthly income of              
          $712.   Respondent fixed the present value of petitioners’ net              
          income for 48 months at $34,176.  Petitioners argue that this               
          figure is too high and claim that their income will decline in              
          future years because of Mr. Alaniz’s advanced age and                       
          “deteriorating health.”                                                     






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