- 14 - transportation.5 Housing standards are established for each county within a State. Transportation standards include not only ownership costs based on nationwide figures for loan or lease payments but also operating costs determined by census region and metropolitan area. IRM pt. 5.15.1.7(4) (2004). A taxpayer seeking a deviation from the expense standards must substantiate that he has necessary expenses exceeding the standards and that those expenses are reasonable. IRM pt. 5.8.5.5.1.2 (2005). Petitioner failed to document or otherwise substantiate that he has such reasonable and necessary expenses in excess of the standards. We hold that his generalized assertion is insufficient to require a deviation.6 5 National standards combine five necessary expenses: Four from the Bureau of Labor Statistics Consumer Expenditure Survey, namely food, housekeeping supplies, apparel and services, and personal care products and services; and a discretionary amount, categorized as miscellaneous, established by the Internal Revenue Service. IRM pt. 5.15.1.7(3) (2004). 6 Petitioner explains that his unemployment was the major cause of his unpaid taxes. However, the Court notes that the only period of unemployment reflected in the record occurred between approximately August 2001 and April 2002; yet most of petitioner’s tax liability, more than 70 percent, results from unpaid taxes for tax years 1998, 1999, and 2000. See Table 1, supra p. 4. Petitioner has also not indicated that he anticipates future unemployment. Petitioner is an engineer working in the high-tech industry, as opposed to a seasonal worker subject to regular lay-offs, for example. On the record before the Court, we conclude that petitioner has not demonstrated a history of unemployment sufficient to require a deviation from the reasonable collection potential formula.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008