Edward F. Murphy - Page 34

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          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.                               





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