Douglas W. and Gail Caple - Page 15




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                    MR. CAPLE:          Future credits.                               
                    THE COURT:          Well, suppose if, God forbid, both            
                                        of you passed away, there would be            
                                        no credits.                                   
                    MS. CAPLE:          Right.  That’s right.  It’s not               
                                        like you’re going to need them.               
                    MR. CAPLE:          We would like to apply some of                
                                        that * * *.                                   
               On the basis of the foregoing exchange and Ms. Roberts’s               
          testimony explaining why she could not consider “future credits”            
          as part of petitioners’ OIC, we consider this portion of                    
          petitioners’ OIC to be no more than an irrelevant and misguided             
          attempt on their part to satisfy their outstanding tax liability.           
          Ms. Roberts did not abuse her discretion in rejecting this                  
          portion of petitioners’ OIC.                                                
               Finally, and with respect to petitioners’ argument that Ms.            
          Roberts refused to consider factors illustrating petitioners’               
          economic hardship and extraordinary medical expenses, we are                
          unpersuaded, on the basis of the foregoing discussion of                    
          petitioners’ assets, that petitioners were unable to pay the                
          $14,670.74 owed at the time of the hearing.  Second, the record             
          reflects only one letter, dated January 17, 1995, regarding Mr.             
          Caple’s medical condition.  Petitioners have provided no                    
          additional evidence, aside from their statements (which were                
          neither substantive nor credible), to indicate the impact of                
          either Mr. Caple’s or Ashley’s medical expenses, although they              







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