Carl Klein - Page 13




                                        - 13 -                                        
          (CCH), exh. 5.15.1-3 at 17,668, exh. 5.15.1-8 at 17,686, exh.               
          5.15.1-9 at 17,742.  Application of the standard allowances for             
          housing and utility expenses (rather than the taxpayer’s actual             
          expenses) is not an abuse of discretion where use of the standard           
          allowances does not result in the taxpayer’s not having adequate            
          means to provide for basic living expenses.  See McDonough v.               
          Commissioner, T.C. Memo. 2006-234.                                          
          The foregoing formulaic approach is disregarded, however,                   
          upon a showing by the taxpayer of special circumstances that may            
          cause an offer to be accepted notwithstanding that it is for less           
          than the taxpayer’s reasonable collection potential (e.g., the              
          taxpayer is incapable of earning a living because of a long-term            
          illness, and it is reasonably foreseeable that the taxpayer’s               
          financial resources will be exhausted providing for care and                
          support during the course of the condition).  Sec. 301.7122-                
          1(b)(3), (c)(3), Proced. & Admin. Regs.; 1 Administration,                  
          Internal Revenue Manual (CCH), sec. 5.8.11.2.1 at 16,375, sec.              
          5.8.11.2.2 at 16,377.  Petitioner does not allege, and it does              
          not appear, that any such special circumstances are present.                
          According to petitioner, respondent did not properly apply                  
          the published guidelines because he failed to make an allowance             
          for petitioner’s basic living expenses which were greater than              
          that indicated in the published guidelines.  Petitioner contends            
          that a greater amount should have been allowed to reflect the               







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 10, 2007