Wayne Allen Mootz - Page 23




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               with business inventory, accounts receivable, vehicles                 
               and cash on hand.  Future income value was set at                      
               $11,220.00.                                                            
               The taxpayer was given opportunity to protest the                      
               examiner’s findings, but provided no additional infor-                 
               mation to support reduction in the values assigned.                    
                     *      *      *      *      *      *      *                      
               The examiner determined future income value based on an                
               excess of $110.00/month, but failed to make contingent                 
               allowances for health care or life insurance, both of                  
               which should have been factored into necessary living                  
               expenses.  Since it was anticipated that the cost of                   
               these items would exceed the $110.00 projected excess                  
               per month, future income value was eliminated as unre-                 
               alistic for the taxpayer’s situation. * * *                            
               The examiner’s findings were shared and discussed with                 
               the taxpayer’s representative, who advised that he had                 
               related to the taxpayer that the offer would not be                    
               acceptable due to his equity position in real property.                
               Based on the taxpayer’s lack of a meaningful response                  
               to these findings, I anticipate that he would be disin-                
               clined to withdraw the offer.                                          
                                     CONCLUSION                                       
               I recommend that the proposed rejection be sustained.                  
               [Reproduced literally.]                                                
               On April 17, 2006, respondent issued to petitioner a notice            
          of determination with respect to petitioner’s unpaid 2001 income            
          tax liability and petitioner’s unpaid 2002 income tax liability.            
          That notice stated in pertinent part:                                       
               Summary of Determination                                               
               You submitted a timely Collection Due Process Hearing                  
               and a conference was held to discuss alternatives to                   
               the filed Notice of Federal Tax Lien.  As a result of                  
               that conference, you submitted an Offer-in-Compromise,                 
               which was investigated, but could not be recommended                   
               for acceptance because you demonstrated ability to pay                 






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