Edward F. Murphy - Page 29

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          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 that             






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