Arthur A. Lemann III and Roberta A. Lemann - Page 22

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          a lump-sum payment of $67,000 to satisfy their tax liabilities,             
          we do not believe it was an abuse of discretion for the Appeals             
          officer to disregard this claim in concluding that they had net             
          realizable equity of $40,000.                                               
               We also find no abuse of discretion in the Appeals officer's           
          acceptance of the offer specialist's computation of future                  
          income.  The offer specialist's increase in monthly income as               
          reported by petitioners followed guidelines, given petitioners'             
          Forms W-2 and Federal income tax return for 2001.  Her decreases            
          in reported monthly expenses likewise conformed to respondent's             
          published guidelines.  Petitioners offer no specific dispute with           
          these adjustments.  Instead, Mr. Lemann wrote in connection with            
          the hearing that "I am now 60 years of age and may very well not            
          have 4 more years of productivity" and that the future income               
          calculated by the offer specialist was "impossible given my                 
          financial circumstances".  Similarly, the petition avers that               
          "application of the formula used by the Commissioner to determine           
          the acceptable amount of an installment agreement or Offer in               
          Compromise failed to adequately take into account Petitioners'              
          age, earning capacity, and poor financial circumstances".                   
               We interpret petitioners' statements as claims that the                
          Appeals officer's determination failed to take into account their           
          special circumstances, as required by section 7122(c)(2)(B) and             
          IRM sections 5.8.5.4 (Nov. 2000) and 5.8.11.2.1 (Nov. 2001).  We            






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