Kenneth Hawkins - Page 11

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          rather than petitioner’s submitted expenses, the Appeals officer            
          characterized petitioner as able to provide for basic living                
          expenses.  Thus, the Appeals officer did not violate statutory              
          limits by using the tables.  See sec. 7122(c)(2)(B).  In                    
          addition, petitioner has not shown that his submitted expenses              
          were more appropriate than the national or local averages.                  
          Respondent’s proration of some of petitioner’s expenses was                 
          appropriate because even though petitioner claims to incur all of           
          the household expenses because of his wife’s disability and lack            
          of income, information returns show that his wife still generates           
          passive income.  While that income should not be considered in              
          determining petitioner’s collection potential, it should be                 
          considered in determining petitioner’s responsibility for shared            
          living expenses.  1 Administration, Internal Revenue Manual                 
          (CCH), sec. 5.8.5.5.3, at 16,342.  Accordingly, respondent’s use            
          of the national and local averages combined with a prorated                 
          expense allowance was a reasonable way to estimate petitioner’s             
          expenses.                                                                   
               The denial of petitioner’s offers was based on objective               
          computations of petitioner’s disposable income and assets,                  
          computed separately for each offer.  The revenue officer even               
          considered the alleged decrease, to 25 percent, in petitioner’s             
          equity ownership in the home between the first and the second               







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