David L. Samuel - Page 10




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          From the refinance of his residence petitioner received a net               
          amount of $25,158.  Petitioner used $11,000 to pay delinquent               
          child support and transferred the remaining $14,158 to his                  
          professional corporation (which was used to pay a supplier,                 
          malpractice insurance, delinquent telephone charges, and                    
          payroll).                                                                   
               Also in his response to the preliminary determination,                 
          petitioner asserted that the attorney’s fees were an allowable              
          necessary expense because they were necessary for his                       
          representation before the IRS with respect to his current tax               
          matters.  He closed the letter by saying he thought negotiation             
          of an offer-in-compromise was possible given his belief that he             
          did not dissipate assets and that he is allowed to claim                    
          attorney’s fees as an expense.                                              
               On March 8, 2005, the settlement officer sent a letter to              
          petitioner stating that her positions on the dissipated assets              
          and attorney’s fees remained unchanged.  Petitioner did not                 
          respond to this letter and never increased his offer.                       
               On April 8, 2005, Appeals issued petitioner a notice of                
          determination sustaining the proposed collection actions.  The              
          summary of determination concluded that petitioner’s proposed               
          collection alternative was not a viable option.  The notice                 
          indicated Appeals’ finding that the IRS could collect more than             
          the $30,000 offer.  The notice referred to the discovery of the             







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Last modified: November 10, 2007