Jose R. Christopher - Page 5

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          petitioner provided, the Appeals officer concluded in the notice            
          of determination:                                                           

               You submitted requested financial information to Settlement            
               Officer Salinger in order for him to determine if the $775             
               you offered as a collection alternative was acceptable.                
               During the conference Mr. Salinger advised you that based on           
               the financial analysis conducted that you had an ability to            
               pay a higher amount than the $775 offered.  Based on Mr.               
               Salinger’s analysis you have the ability to make monthly               
               payments in the amount of $1,664 per month.  It was further            
               explained to you that once your child support obligation is            
               paid off within the next year, the installment agreement               
               payment would increase by $217 to $1,881 per month.                    
               You indicated to Mr. Salinger that you cannot afford that              
               high of a payment.  You further indicated that the Service             
               currently has a levy in place against your pension income in           
               the amount of $1,392 per month and that you have no problem            
               having that levy kept in place.  You were advised that this            
               levy would stay in place but it would not be considered a              
               formal installment agreement.                                          
               No other collection alternatives were offered and no other             
               issues were raised.                                                    

               Petitioner appealed that determination.  At trial,                     
          petitioner reiterated his desire to continue monthly payments of            
          $1,392, free of the tax lien, as an installment agreement.                  
          Petitioner contends he is not able to pay $1,881 per month, and             
          that circumstances have changed in his own life since the hearing           
          before the Appeals officer.  Petitioner cited as an example the             
          fact that he was required to move from his apartment because it             
          was converted to a condominium, and the apartment he moved into             
          requires a higher monthly rent.                                             






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Last modified: May 25, 2011