- 12 - Respondent accepted the gross monthly income and expenses petitioner reported on the Form 433-A, but with one exception. Respondent reduced the housing and utilities expense to $1,102, resulting in total monthly expenses of $4,004 instead of $4,156. Because $4,004 exceeded petitioner’s gross monthly income of $3,929, respondent determined that petitioner did not have future disposable income that could fund an offer-in-compromise. However, respondent determined that petitioner’s mortgage would be paid off in 4 years. Petitioner’s monthly mortgage payment was $795, and because his current monthly expenses exceeded his income by $75, respondent determined that petitioner would have $720 a month to fund the offer-in-compromise after the mortgage was paid off. Respondent concluded that over the remaining collection period there was an “amount collectible from retired debt” of $51,120. Regarding the possible future increase in expenses outlined in petitioner’s letters, respondent determined that these were “general projections from the taxpayers’ representative and may never, in fact, be incurred” and thus did not take these into account. Respondent concluded that petitioner had the ability to pay $503,834 ($452,714 + $51,120). Because petitioner had the ability to pay substantially more than the $157,824 offered, respondent rejected petitioner’s offer-in-compromise based on doubt as to collectibility with special circumstances. Respondent also rejected petitioner’sPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011