- 17 - It is not totally clear how dissipated assets can be “no longer available to pay the tax liability” (see (1), above) while at the same time included in the “reasonable collection potential (RCP) calculation” (see (5), above). The settlement officer apparently considered herself required to apply this rather cryptic guideline, and under an abuse of discretion standard we are not at liberty to challenge her judgment that it should be used. However, under the abuse of discretion standard, we must assure that the guideline is correctly applied. The Appeals Case Determination states that Appeals preliminary determination of Dr. Samuel’s net realizable equity (NRE) in his assets is that it should include 100% of his dissipated assets totaling $133,158 with the possible exception of the $15,600 paid for his 2003 estimated tax payment, his legal fees of $5,000 incurred in association with his civil law suit against his prior employer and $5,464 paid for child support. He has no net realizable equity in his personal residence given that quick sale value (QSV) is used and offset against his mortgage of $322,000. Since his mortgage exceeds the QSV of $320,000 (80% of FMV determined to be at $400,000), he has no equity to include in his NRE. Appeals believes that his interest in his medical corporation exceeds that which was reported at the face-to-face hearing to be the value of the equipment totaling $3,630. This is an on-going business that had gross income in excess of $300,000 in 2003. The Appeals Case Determination goes on to state that Dr. Samuel was provided the opportunity to increase his offered amount to at least include amounts he realized pursuant to his dissipated assets in order that his offer receive further consideration. He declined to so do.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007