- 12 - offer.9 Respondent refused the second offer after applying the national and local averages to estimate petitioner’s expenses because the RCP exceeded the full amount of the tax liability and was certainly much more than petitioner’s offer. In fact, petitioner’s second offer falls short of a reasonable offer even if his own calculation of expenses is used. The equity in petitioner’s home alone exceeds both the offer and the full amount of the tax liability, even at 25-percent ownership. Even if we recalculated petitioner’s RCP in a manner most favorable to petitioner, using a negative multiple of petitioner’s cashflows with which he could offset equity in his other assets,10 the RCP would far exceed petitioner’s $2,200 offer and cover most of the outstanding $38,165.32 tax liability.11 Thus, petitioner’s 9 Calculation of 50-percent or only 25-percent home ownership also shows that respondent in no way considered petitioner’s wife’s assets in determining petitioner’s reasonable collection potential, despite petitioner’s allegations to the contrary. 10 The regulations and the internal revenue manual are both silent on how to apply a negative future income. See sec. 301.7122-1T(c), Temporary Proced. & Admin. Regs., supra; 1 Administration, Internal Revenue Manual (CCH), sec. 5.8.5.5, at 16,339. 11 The collection potential based on negative income is shown in the following calculation: Second Offer Equity in home $41,746 IRA 1,809 Cash on hand 5,738 Net value of assets 49,293 Monthly income $3,108Page: 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