John F. and Carolyn J. Joseph - Page 9

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          eliminating any expense as unnecessary or unsubstantiated,                  
          petitioners had at least $1,378 of monthly income available to              
          pay their tax liabilities.  Additionally, petitioners stated that           
          the current value of their residence was $280,000, subject to a             
          $79,000 mortgage, and that they owned other real property valued            
          at $260,000.                                                                
               On the basis of the entirety of the record, we conclude that           
          respondent did not abuse his discretion in determining that                 
          petitioners’ proposed installment agreement did not reflect their           
          ability to pay.  Petitioners’ tax liability, including projected            
          accruals, would not be fully paid within 5 years under an                   
          installment agreement permitting monthly payments of $700.                  
          Petitioners have sufficient equity in their real property and               
          other assets to pay the tax liability.  Consequently, we are                
          satisfied that respondent did not abuse his discretion in denying           
          petitioners’ proposed installment agreement.                                
               This case was set for trial on June 10, 2005.  During that             
          proceeding petitioner gave respondent’s counsel a check for                 
          $4,000, and the parties and the Court agreed to continue the case           
          until August 30, 2005, to allow petitioner time to attempt to               
          make arrangements to pay the balance of the tax liabilities for             
          the years at issue.                                                         

               4(...continued)                                                        
          verify to the satisfaction of the IRS the amount claimed as their           
          monthly expenses.                                                           





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