- 34 - his claimed expenses, she found that, from his net monthly income alone, he could, over time, afford to pay more than $10,000 towards the 1992-2001 liability.11 She also calculated that he had net realizable equity of $30,204, which was more than the $10,000 he had offered. She calculated a reasonable collection potential of $82,164. Because the offer was less than the reasonable collection potential she had calculated, the offer was, in the absence of special circumstances, unacceptable under the Commissioner’s procedures for the submission and processing of offers in compromise. See Rev. Proc. 2003-71, sec. 4.02(2), 2003-2 C.B. 517. Petitioner has not challenged Rev. Proc. 2003- 71, supra. Moreover, petitioner provided Ms. Boudreau with insufficient information to justify her accepting an offer based on special circumstances in any amount less than what she had calculated as the reasonable collection potential of the case. Therefore, we must determine only whether the Appeals officer’s calculations are reasonable. See, e.g., Galvin v. Commissioner, T.C. Memo. 2003-263; McCorkle v. Commissioner, T.C. Memo. 2003- 34; Schulman v. Commissioner, T.C. Memo. 2002-129. We conclude that her computations were reasonable, and she did not err in 11 Ms. Boudreau did not calculate the present value of his net monthly income, and we are unsure whether her assumption in calculating what petitioner could pay is that petitioner would make installment payments. Taking into account any reasonable interest rate, however, the present value of petitioner’s net monthly income is still a substantial amount.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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