- 9 - either $488,985 or $373,985 and that their reasonable collection potential was either $546,417 or $431,417. On August 18, 2005, Appeals issued petitioners a notice of determination sustaining the subject levy proposed by respondent to collect petitioners’ Federal income tax liability. The notice concludes that petitioners’ $100,000 offer-in-compromise is not an appropriate collection alternative to the proposed levy. The notice, citing IRM sections 5.8.11.2.1 and 5.8.11.2.2, states that petitioners’ offer does not meet the Commissioner’s guidelines for consideration as an offer-in-compromise to promote effective tax administration on the basis of economic hardship, equity, or public policy. As to petitioners’ offer-in-compromise to promote effective tax administration due to economic hardship, the notice states: Considered under economic hardship, the taxpayers have the ability to pay all assessed amounts and still have assets with equity remaining worth over $285,000. The amount being offered by the taxpayers represents 18% of the taxpayers’ Reasonable Collection Potential. The taxpayers’ ages and medical conditions were considered but were insufficient to overlook the taxpayers’ substantial equity in their assets. The taxpayers have sufficient equity in their assets to pay the tax amounts owed and still meet their necessary living expenses for the foreseeable future. The taxpayers, therefore, failed to document economic hardship in accordance with Internal Revenue Manual 5.8.11.2.1.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011