Lawrence Jay Russ - Page 17




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               IRM pt. 5.8 provides guidelines for offers in compromise.              
          In evaluating an OIC, the IRS estimates the taxpayer’s reasonable           
          collection potential (RCP).  The RCP is calculated by                       
          determining, then adding together:  (1) The taxpayer’s “net                 
          realizable equity”; i.e., quick sale value less amounts owed to             
          secured lien holders with priority over Federal tax liens; and              
          (2) the taxpayer’s “future income”; i.e., the amount collectible            
          from his expected future gross income after allowing for                    
          necessary living expenses.  IRM secs. 5.8.5.3.1, 5.8.5.5 (2005).            
          “Generally, the amount to be collected from future income is                
          calculated by taking the projected gross monthly income less                
          allowable expenses and multiplying the difference times the                 
          number of months remaining on the statutory period for                      
          collection.”  IRM pt. 5.8.5.5.5.1 (2005).                                   
               In a compromise, the Government will not collect the full              
          amount of the tax.  As a result, the conditional expenses rules             
          for an OIC differ from the rules for installment agreements.  IRM           
          pt. 5.8.5.5.3.1 (2005).  With respect to conditional expenses,              
          such as credit card payments, “although the payment may be                  
          allowed in an installment agreement where the tax will be paid in           
          full, it [the conditional expense] will not be allowed for                  
          computation of an acceptable offer amount because the Federal               


               7(...continued)                                                        
          ($1,661).  See Table 3, supra p. 6.                                         





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