Carl Klein - Page 14




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          cost of his living in the downtown Chicago area because of his              
          need to entertain clients in his home.  Further, petitioner                 
          claims that respondent failed to evaluate petitioner’s option to            
          file for bankruptcy and the potential discharge of some of the              
          taxes that respondent seeks to collect by levy.                             
               Respondent, in applying the published guidelines, allowed              
          petitioner $2,474 per month for basic living expenses, which                
          petitioner agrees was substantially the same as the amount                  
          provided for under the published guidelines.11  When subtracted             
          from the $22,000 gross monthly income that petitioner disclosed             
          in his offer-in-compromise, and in the light of respondent’s                
          records which showed that petitioner had $302,400 in wages and              
          $13,400 in nonemployee compensation for tax year 2004,12                    
          respondent concluded that petitioner would be able to pay his by-           
          then $252,462 tax liability in full over 48 months.                         
               We agree with respondent that petitioner had sufficient                
          income to meet his basic living expenses as well as to pay his              
          tax liability in full.  Petitioner basically wants the Government           


               11Respondent allowed $194 per month for transportation; it             
          appears that the published guidelines allow $329, or a similar              
          amount, for ownership of one car in Chicago.  Petitioner contends           
          that he should be allowed “the actual expense for his car loan              
          ($870 per month)” instead.                                                  
               12The record shows that respondent did not consider the                
          value of dissipated assets in evaluating petitioner’s offer-in-             
          compromise, although respondent was concerned that such                     
          consideration might have been warranted.  See 1 Administration,             
          Internal Revenue Manual (CCH), sec. 5.8.5.4. at 16,339-6.                   





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