Al Sampson - Page 12

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          earnings is evident.  Petitioner’s forgone earnings presumably              
          depend on the type of employment he could obtain, which in turn             
          depends on factors such as his work experience, job skills, and             
          the strength of the labor market.  There is no indication the               
          Appeals officer considered these factors or attempted to                    
          calculate petitioner’s forgone earnings.4  Rather, it appears the           
          Appeals officer assumed that petitioner would earn sufficient               
          income, after allowable expenses, to pay his tax liability in               
          full.  Petitioner’s history of intermittent employment and modest           
          wage income raises doubts about the validity of this assumption.            
          Furthermore, it is unclear whether the Appeals officer considered           
          that petitioner might have increased expenses if he discontinued            
          his studies, such as student loan repayments.                               
               We conclude the Appeals officer abused his discretion in               
          rejecting petitioner’s OIC on the ground that petitioner had                
          sufficient future income to pay his 2002 tax liability in full.             
          We therefore shall remand this matter to the Appeals Office for             
          reconsideration of petitioner’s OIC.                                        




               4 As mentioned supra, the Appeals officer prepared an income           
          projection based on petitioner’s 2002 gross income of $38,686.              
          After petitioner explained that he had received a car as part of            
          a sales promotion, however, it appears the Appeals officer                  
          acknowledged the income projection was inaccurate.  There is no             
          indication the Appeals officer prepared a revised income                    
          projection.                                                                 





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