- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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