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their offer amount ($99,851). We find that Ms. Cochran’s error
did not amount to an abuse of discretion because, even when the
error is corrected, petitioners’ reasonable collection potential
of $304,782 far exceeds their offer amount of $99,851.
With regard to age, health, and retirement status,
petitioners’ argument is not supported by the record. On their
Form 433-A, petitioners reported monthly medical expenses of
$212. In their May 14, 2004, letter describing their offer
amount, petitioners represented that Mr. Carter would retire at
age 58. While they outlined Mrs. Carter’s medical conditions,
petitioners gave no indication as to the likelihood of her
retirement.
Ms. Cochran accepted petitioners’ monthly medical expenses
without change. Ms. Cochran also accepted petitioners’
representation that Mr. Carter would retire at 58, and thus
considered only 41 months of his future income from wages.
Despite the lack of an estimated retirement date for Mrs. Carter,
Ms. Cochran considered only 41 months of Mrs. Carter’s future
income from wages.14 Given her acceptance of the medical
expenses as reported and of only 41 months of petitioners’ future
14 At the time of the section 6330 hearing, Mrs. Carter was
still working. However, at trial, Mrs. Carter testified that she
was forced to quit work shortly after the section 6330 hearing
due to her medical conditions and does not plan to return to
work. Ms. Cochran could not have considered that Mrs. Carter was
forced to stop working because this did not occur until after the
hearing.
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