- 21 - determined by the Calaveras County Assessor’s Office in 2002. We find that Ms. Cochran’s use of the county assessor’s valuation was not arbitrary or capricious. Petitioners raise various other challenges and arguments, including: (1) Ms. Cochran abused her discretion by taking into consideration only future decreases in expenses and not future increases; (2) Ms. Cochran improperly disallowed petitioners’ actual housing and utility expenses; and (3) Ms. Cochran improperly disallowed petitioners’ actual transportation expenses. We need not discuss in detail these and other minor disputes raised by petitioners. Even assuming arguendo that petitioners’ income, expenses, and value of assets should have been accepted as reported, we would not find that Ms. Cochran abused her discretion in rejecting petitioners’ offer-in- compromise. Ms. Cochran testified that, had she accepted the income, expenses, and value of assets as reported, petitioners’ reasonable collection potential would have been $178,656. Petitioners offered to pay only $60,400 to compromise their outstanding tax liability. In some situations, respondent may accept an offer amount of less than petitioners’ reasonable collection potential. However, given all other considerations discussed herein, we do not believe that Ms. Cochran abused her discretion by rejecting an offer-in-compromise that bore noPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011