- 21 - retain the money received from the pension to pay for future increases in expenses. As discussed above, petitioners’ assertions regarding future expenses are speculative and unsupported, and it was not arbitrary or capricious for Ms. Cochran to ignore such costs. The use of Mr. Carter’s monthly pension payments in calculating petitioners’ reasonable collection potential was not arbitrary or capricious. Petitioners also raise challenges to various other determinations made by Ms. Cochran, including: (1) The increase of petitioners’ wages from the amounts reported; (2) the reduction of their housing expense and tax expense; and (3) the disallowance of $600 in monthly insurance payments.15 We need not discuss in detail these and other minor disputes raised by petitioners. Even assuming arguendo that petitioners’ income, expenses, and value of assets should have been accepted as reported, we would not find that Ms. Cochran abused her discretion in rejecting petitioners’ offer-in-compromise. Ms. Cochran testified that, had she accepted the income, expenses, and value of assets as reported, petitioners’ reasonable collection potential would have been $173,406. This amount 15 The monthly insurance payments were not reported by petitioners on their Form 433-A, but instead were discussed in their May 14, 2004, letter regarding the offer amount. Petitioners were covered by insurance through Mr. Carter’s employment. However, they would not be covered once he retired. Apparently, the $600 payment reflects petitioners’ estimate of their monthly insurance payments once Mr. Carter retires.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011