Al Sampson - Page 9

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               Section 7122(c) provides that the Secretary shall prescribe            
          guidelines for IRS personnel to determine whether an OIC is                 
          adequate and should be accepted.  These guidelines have been                
          published and include certain provisions of the Internal Revenue            
          Manual (IRM).  See Lemann v. Commissioner, supra; Spurgin v.                
          Commissioner, T.C. Memo. 2001-290.  IRM sec. 5.8.5.5 (Nov. 15,              
          2004) provides guidelines for calculating a taxpayer’s future               
          income.  “Future income is defined as an estimate of the                    
          taxpayer’s ability to pay based on an analysis of gross income,             
          less necessary living expenses, for a specific number of months             
          into the future.”  IRM sec. 5.8.5.5(1) (Nov. 15, 2004).  For cash           
          offers, income and expenses are estimated for a 48-month period.            
          Id.  The calculation of future income should take into account              
          “the taxpayer’s overall general situation including such facts as           
          age, health, marital status, number and age of dependents,                  
          highest education or occupational training and work experience.”            
          IRM sec. 5.8.5.5(3) (Nov. 15, 2004).  The IRM provides that “Some           
          situations may warrant placing a different value on future income           
          than current or past income indicates”.  IRM sec. 5.8.5.5(5)                
          (Nov. 15, 2004).  For example, if income or necessary expenses              
          will increase or decrease, then the amount or number of expected            
          payments should be adjusted accordingly.  Id.  If a taxpayer is             
          “temporarily unemployed or underemployed”, then income should be            
          calculated as if the taxpayer were fully employed.  Id.  If a               






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