Kenneth Hawkins - Page 5

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               For the first offer, respondent accepted petitioner’s                  
          claimed amount of monthly business net income but determined                
          petitioner’s allowable living expenses to be $433 on the basis of           
          the national standard expenses table amount.  For the second                
          offer, respondent determined petitioner’s net monthly business              
          income to be $3,108, on the basis of petitioner’s claimed revenue           
          and expenses after disallowing some expenses that were double-              
          counted as both business and personal expenses.  To estimate                
          petitioner’s living expenses, respondent first computed                     
          petitioner’s and his wife’s shares of monthly income, on the                
          basis of the recomputed $3,108 income and petitioner’s wife’s               
          $1,638 of Social Security and interest income reported for her              
          2000 taxable year.  On the basis of this information, respondent            
          determined that petitioner generated 65 percent of the income and           
          petitioner’s wife generated 35 percent of the income.                       
               Respondent then applied this percentage to recompute                   
          petitioner’s expenses on the basis of petitioner’s own                      
          calculations or amounts indicated for local or national                     
          standards.  Respondent allowed the full amount of the claimed               
          life insurance expense but prorated petitioner’s claimed health             
          insurance premium and taxes by 65 percent.  Also, respondent                
          allowed the full Broward County local standard amount for                   
          transportation but allowed only a 65-percent prorated amount of             
          the local standard for housing and of the national standard                 
          expense.                                                                    




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Last modified: May 25, 2011