Roger D. and Mary M. Catlow - Page 8

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          that petitioners’ reasonable collection potential was $193,438              
          (future income potential of $38,208 + net realizable equity of              
          $155,230).                                                                  
               On May 19, 2005, Appeals issued petitioners the notice of              
          determination sustaining the proposed levy.  The notice concludes           
          that petitioners’ $35,000 offer-in-compromise is not an                     
          appropriate collection alternative to the proposed levy.  The               
          notice, citing Internal Revenue Manual (IRM) sections 5.8.5.5.1             
          and 5.8.5.3.1, states that petitioners’ offer does not meet the             
          Commissioner’s guidelines for consideration of an offer-in-                 
          compromise due to doubt as to collectibility with special                   
          circumstances.  The notice, citing IRM section 5.8.11.1(3),                 
          states that petitioners’ offer also does not meet the                       
          Commissioner’s guidelines for consideration as an offer-in-                 
          compromise to promote effective tax administration.                         
               As to petitioners’ offer-in-compromise due to doubt as to              
          collectibility with special circumstances, the notice states:               
               the taxpayers [petitioners] have the ability to pay                    
               more than the offer amount from either the equity in                   
               their assets or their income stream while still meeting                
               their necessary basic living expenses, in accordance                   
               with IRM 5.8.5.5.1.  The taxpayers’ representative                     
               contended that the taxpayers’ equity in their assets                   
               and any collection potential from future income should                 
               be offset against possible future expenses that might                  
               be incurred throughout the rest of the taxpayers’                      
               lives.  The Settlement Officer noted, however, that                    

               11(...continued)                                                       
          Internal Revenue Manual (IRM) sec. 5.8.5.5.                                 





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