Douglas W. and Gail Caple - Page 8




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               During their CDP hearing,7 petitioners requested that their            
          liabilities for 1993 and 1994 be “dropped” because of Mr. Caple’s           
          health status and the “inefficiency of the IRS personnel.”                  
          Petitioners admitted during the hearing that while they had                 
          “sufficient assets” to pay the amounts owed, they had no current            
          income and were living at “the poverty line.”8                              
               During the hearing, petitioners discussed the general nature           
          of Mr. Caple’s illness, but they did not provide Ms. Roberts with           
          any specific documentation relating to his current medical                  
          condition and/or prognosis.  Petitioners did not provide Ms.                
          Roberts with any documentation relating to Mr. Caple’s medical              
          condition following the hearing.  Petitioners did provide a                 
          written statement detailing Mr. Caple’s and Ashley’s                        
          medical ailments; however, they did not provide any documentation           
          in support of their statements.9                                            

               7  Ms. Roberts and Mr. Caple exchanged telephone messages              
          before and on May 27, 2004.  Sometime in the morning of May 27,             
          2004, Mr. Caple left Ms. Roberts a voicemail message asking her             
          to “call him back after he got back from his run at 1 p.m.”                 
               8 Petitioners did not provide Ms. Roberts (either before or            
          after the hearing) with evidentiary support for their claim that            
          they were living at the “poverty line.”  Petitioners did,                   
          however, provide a summary of assets to respondent’s Appeals                
          Office that showed their total general equity to be $169,570.  We           
          note that in 2004, the Federal poverty line for a family of three           
          was set at $15,670.  Annual Update of HHS Poverty Guidelines, 69            
          Fed. Reg. 7336 (Feb. 13, 2004).                                             
               9 Petitioners’ only daughter, Ashley, was 16 years old at              
          the time of the hearing.  When this matter was before the Court,            
                                                             (continued...)           






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