Davis and Lois Etkin - Page 17

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        Those procedures contain guidelines for allowable expenses, which             
        include necessary and conditional expenses.  See id. (citing IRM              
        (CCH), sec. 5.15.1 to 5.15.1.4, at 17,653-17,660).  “Necessary”               
        expenses are those that provide for a taxpayer’s health and                   
        welfare and/or the production of income.  See IRM sec. 5.15.1.3(2)            
        (2000).  Under IRM sec. 5.15.1.3(4) (2000), the Appeals officer is            
        permitted to allow “excessive necessary” and “conditional”                    
        expenses when examining a taxpayer’s financial statement, provided            
        that the tax liability, including all accruals, will be paid                  
        within 5 years.  “Conditional” expenses are any expenses other                
        than “necessary” expenses.  See IRM secs. 5.15.1.7(6) (2004) and              
        5.15.1.3(3) (2000).  Further, all expenses must be substantiated              
        in order to be allowable.  See Schulman v. Commissioner, supra                
        (sustaining the Appeals officer’s disallowance of unsubstantiated             
        expenses).                                                                    
             Sections 301.6320-1(e) and 301.6330-1(e), Proced. & Admin.               
        Regs., provide that the taxpayers are obligated to provide all                
        requested information, including financial statements, throughout             
        the course of the hearing.  In addition, IRM sec. 5.15.1.1(8)                 
        (2004) states that financial statements submitted by taxpayers in             
        the course of a hearing should be updated if they are older than              
        12 months.  This Court has previously upheld the Commissioner’s               
        determination that a proposed installment agreement was                       
        unacceptable on account of the taxpayer’s failure to provide                  






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