Davis and Lois Etkin - Page 21

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        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).                                      







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