- 29 - she decided that the offer in compromise was unacceptable. The one exception was her disallowance of an expense characterized by petitioner as being attributable to secured debt, when, in truth, as petitioner later admitted, the expense was attributable to unsecured credit card debt (which, according to the collection information statement petitioner filled out, generally cannot be claimed as a necessary living expense). We agree with respondent that, since national standards for determining necessary living standards did not enter into her decision to reject the offer in compromise, Ms. Boudreau’s testimony on that score is irrelevant, and we exclude it on that basis. See Fed. R. Evid. 401. It is true that the notice of determination does not state Ms. Boudreau’s reason (or reasons) for rejecting the offer in compromise. An attachment to the notice states only that the offer in compromise cannot be accepted under current IRS policy and procedures. The parties, however, have stipulated a copy of the Form 5402-c, Appeals Transmittal and Case Memo, submitted by Ms. Boudreau on May 14, 2003, to her supervisor. As we have found, the Form 5402-c does set forth in detail Ms. Boudreau’s analysis leading to her rejection of the offer in compromise on both of the grounds (doubt as to collectibility and effective tax administration) put forth by petitioner. The hearing record is clear that Ms. Boudreau rejected the offer in compromise on both grounds advanced by petitioner, and no testimony by her on thatPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011