- 18 - 2. Petitioners’ Income, Assets, and Future Expenses Petitioners assert that Ms. Cochran erroneously determined their reasonable collection potential by: (1) Considering 77 months of petitioners’ future income instead of 48 months; (2) failing to adequately consider their age, health, retirement status, medical costs, and the likelihood of future increases in medical and housing costs; and (3) improperly valuing petitioners’ house. Petitioners’ arguments are not persuasive. Section 5.8.5.5 of the IRM provides that, when a taxpayer makes a cash offer to compromise an outstanding tax liability, only 48 months of future income should be considered. Petitioners made a cash offer, but Ms. Cochran used 77 months of future income. At trial, Ms. Cochran acknowledged that she should have used only 48 months of future income. Ms. Cochran recomputed petitioners’ reasonable collection potential using 48 months and determined that it was $329,068, instead of $394,318, as reflected in the notice of determination. Ms. Cochran testified that the change would not have had an effect on her final determination because, using either calculation, petitioners’ reasonable collection potential was greater than their offer amount ($60,400). We find that Ms. Cochran’s error did not amount to an abuse of discretion because, even when the error is corrected, petitioners’ reasonable collection potential of $329,068 far exceeds their offer amount of $60,400.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011