Donald Ertz - Page 22

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          years, a fact petitioner does not dispute.  After the mortgage is           
          paid off, petitioner’s monthly expenses will decrease by $795.              
          Additionally, Ms. Cochran allowed petitioner’s “other expenses”             
          of $400 per month, which represented payments petitioner made to            
          Ms. Merriam’s law firm relating to the present litigation.  There           
          is no indication that this expense will continue once the present           
          litigation has been concluded.  Once these costs cease,                     
          petitioner will have an additional $1,195 per month to pay any              
          increased expenses.                                                         
               3.   Value of Petitioner’s House                                       
               Petitioner argues that Ms. Cochran improperly valued his               
          house.  Petitioner also argues that Ms. Cochran failed to take              
          into consideration the need for repairs.  Petitioner’s arguments            
          are not persuasive.                                                         
               On his Form 433-A, petitioner reported that the estimated              
          fair market value of his house was $175,000, with an 80-percent             
          quick-sale value of $140,000.  Petitioner’s estimate was based on           
          “sales of nearby homes”.  In one of the May 14, 2004, letters,              
          petitioner listed a variety of problems with the house.                     
          Petitioner did not provide any supporting documentation regarding           
          the need for repairs but instead invited Ms. Cochran to view the            
          house in person.  Other than a broad statement that he needed               
          $44,000 to pay necessary expenses, which also included the                  







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