Kenneth Hawkins - Page 12

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          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                $3,108                               




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