Douglas W. and Gail Caple - Page 14




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          Rejection of Petitioners’ OIC                                               
               Because petitioners cannot dispute their underlying tax                
          liability, we review respondent’s determination with respect to             
          their OIC under the abuse of discretion standard.  See sec.                 
          6330(d); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).                
               We find that respondent’s rejection of petitioners’ proposed           
          OIC was not an abuse of discretion.  Respondent’s determination             
          was based on all of the information petitioners provided                    
          reflecting their financial solvency to Ms. Roberts, respondent’s            
          Appeals Officer.  See Crisan v. Commissioner, T.C. Memo. 2003-              
          318; Schulman v. Commissioner, T.C. Memo. 2002-129.  The Appeals            
          officer reasonably determined, on the basis of petitioners’                 
          yearly income ($35,616) and asset value (TD Waterhouse account,             
          $41,301.41; vehicles--including “1995 boat”, $59,100; and Mrs.              
          Caple’s profit sharing plan, $30,000)--totaling $166,017.41--that           
          petitioners’ proposed OIC to pay $100 should be rejected.                   
               In addition to the $100 payment, petitioners also offered              
          “$180,000 in future benefits” as part of their OIC.  Unsure of              
          exactly what petitioners meant by this offer, the Court attempted           
          to ascertain petitioners’ intent.  The Court’s query on this                
          matter resulted in the following exchange:                                  
                    THE COURT:          These are for future credits, not             
                                        past credits?                                 
                    MS. CAPLE:          Future credits.                               
                    THE COURT:          Future credits?                               






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