Henry M. Lloyd - Page 51




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          before us, we conclude that respondent complied with section                
          301.7122-1(d)(2), Proced. & Admin. Regs., when respondent re-               
          turned to petitioner petitioner’s September 29, 2004 offer-in-              
          compromise.                                                                 
               On the record before us, we find that the settlement officer           
          did not abuse the settlement officer’s discretion by (1) not                
          accepting as petitioner’s RCP the amount calculated by the first            
          offer specialist in connection with petitioner’s September 29,              
          2004 offer-in-compromise and (2)(a) instead requiring petitioner            
          to submit a new, updated offer-in-compromise (i.e., petitioner’s            
          June 24, 2005 offer-in-compromise) accompanied by a new, updated            
          Form 433-A (i.e., petitioner’s June 24, 2005 Form 433-A) and                
          (b) determining as petitioner’s RCP an amount different from                
          petitioner’s RCP that the first offer specialist determined.                
               We address next petitioner’s second principal argument.  In            
          petitioner’s response, petitioner argues that the settlement                
          officer abused the settlement officer’s discretion in calculating           
          petitioner’s RCP by using as the “future income” component of               
          that calculation an average of petitioner’s wage income for the             

               31(...continued)                                                       
               disaster)[,] within 30 days from the date of this                      
               letter you may contact * * * [the first settlement                     
               officer] to request reconsideration of our decision to                 
               close your offer.  You should be prepared to discuss                   
               specifics, provide verification of the circumstances                   
               beyond your control and provide the information previ-                 
               ously requested.                                                       






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