Kenneth Hawkins - Page 13

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          second offer was inadequate.                                                
               Petitioner argues that respondent’s haste in filing the                
          notices of lien shows that respondent was predisposed to reject             
          petitioner’s second offer.  Respondent, however, filed the                  
          Federal tax lien 1 week after petitioner’s second offer was                 
          returned, and we are not persuaded that in doing so respondent              
          failed to properly consider petitioner’s second offer or abused             
          his discretion in any other manner.                                         
               Amongst petitioner’s numerous arguments only one has any               
          potential for success--his allegation that he was suffering from            
          economic hardship when he submitted the second offer.  Petitioner           
          relies on the internal revenue manual to support his position               
          that even if he has the ability to pay the liability, an offer-             
          in-compromise may be accepted if he suffers from economic                   
          hardship.  See 1 Administration, Internal Revenue Manual (CCH),             
          sec. 5.8.11.2.1, at 16,385-5.  Factors related to economic                  
          hardship may include:  (1) Long-term illness, medical condition,            
          or disability may render the taxpayer incapable of earning a                
          living, (2) the taxpayer may have a set monthly income and no               
          other means of support, and the income is exhausted each month              

                   Less:  Expenses               (3,384)                              
                   Disposable income             (276)                                
                   Multiple                      x 48                                 
                   Value of income                      (13,248)                      
                   Reasonable collection                 36,045                       






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