- 21 - the IRM. This Court has previously found determinations following from computations under the IRM to be a proper exercise of the Commissioner’s discretion. See Schulman v. Commissioner, T.C. Memo. 2002-129. The revenue agent applied these procedures and disallowed certain expenses. The Appeals officer acknowledged at trial that he was not bound by the revenue agent’s determination. However, the Appeals officer properly reviewed the revenue agent’s computations, which were based upon the financial statement, and found them to be correct. Therefore, those computations were not based on any arbitrary determination, and petitioners’ argument is without merit. Petitioners set forth a litany of factors that they argue the Appeals officer did not take into account in assessing their ability to pay, such as Davis Etkin’s age, heart condition, gall bladder removal, and other health-related problems. In addition, petitioners cite the termination of Davis Etkin by his employer and the denial of benefits, along with $200,000 in fines and restitution payments that Davis Etkin was required to make in connection with his sentence for defrauding the Government and bribery. Petitioners’ argument is without merit because petitioners failed to submit an updated financial statement that reflected these alleged changes in their financial situation. See Orum v. Commissioner, 123 T.C. 1 (2004).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011