William H. and Jo Anne Lindley - Page 21

                                       - 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     883                                    






Page:  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