David L. Samuel - Page 12




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          creditors, with the exception of the $15,600 payment to the IRS.            
          She determined that 100 percent of the $133,158 received from the           
          dissipated assets should be included in petitioner’s NRE with the           
          possible exception of the $15,600 paid to the IRS, the $5,000               
          legal fees incurred in the lawsuit against his former employer,             
          and the $5,464 paid for child support.  She reached this                    
          conclusion despite recognizing that the assets were dissipated              
          before the offer-in-compromise was made.  The settlement officer            
          did not include any amount for the value of petitioner’s                    
          residence in NRE, having determined that he had no equity.  She             
          also expressed doubt as to whether petitioner reported an                   
          accurate value for his interest in his medical corporation,                 
          noting the comparatively low value of equipment totaling $3,630             
          given that the business had gross income in excess of $300,000 in           
          2003.  The settlement officer did not account for petitioner’s              
          interests in his medical corporation or Pontchartrain Lithotripsy           
          in calculating NRE.  The settlement officer determined                      
          petitioner’s future income collection potential to be $946 per              
          month, which, over 60 months (the multiplier for a short-term               
          deferred payment offer) amounted to $56,760.                                
               In response to the notice of determination, petitioner filed           
          a petition with this Court.                                                 










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