- 21 - son had special needs which could not be met by public schools. It was not arbitrary and capricious for Mr. Owens to disallow the school-related expense. d. Other Expenses: Attorney’s Fees IRM section 5.15.1.10(3) provides that attorney’s fees are necessary expenses if “Representation before the Service is needed”. Petitioners presented information to Mr. Owens establishing that they paid $400 per month in attorney’s fees, and that those fees were in connection with their Hoyt-related litigation. Mr. Owens erred by disallowing petitioners’ attorney’s fees. e. Amount Collectible From Future Income Taking the above into consideration, the following chart summarizes petitioners’ monthly disposable income: Income/Expense Amount Mr. Lindley’s gross wages $5,845 Mrs. Lindley’s gross wages 1,779 Food, clothing, misc. (1,564) Housing and utilities (1,235) Transportation (1,149) Taxes (2,038) Health care (250) Life insurance (105) Attorney’s fees (400) Monthly disposable income 883Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011