- 11 - 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 secondPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011