Debra L. Streck and Donald W. Streck - Page 10

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               Petitioners next argue their offer was accepted orally by              
          Mr. Sower.  While it is not clear which offer petitioners refer             
          to, they have failed to prove that Mr. Sower said or did anything           
          that would constitute acceptance of any offer they made.                    
               Both parties offered testimony regarding the alleged oral              
          agreement.  Mr. Streck testified that Mr. Sower orally                      
          represented that he would accept petitioners' signed offer in               
          compromise.  Petitioners' accountant, Mr. Mancini, who was                  
          present during meetings between Mr. Streck and Mr. Sower, did not           
          recall any oral acceptance by Mr. Sower.  Mr. Sower testified               
          that he never told Mr. Streck that he would accept an offer in              
          compromise relating to the years in issue.  Mr. Sower testified             
          that he "did not have the authority to accept or reject offers in           
          compromises."11  We believe Mr. Sower's testimony.  It is                   
          consistent with the plain language on the Form 656.  The                    
          testimony of petitioners' accountant is consistent with Mr.                 
          Sower's.  Mr. Streck, on the other hand, has a long history of              
          dishonest, criminal behavior and lacks credibility.  We find that           
          Mr. Sower never made, or purported to make, an oral acceptance of           

               10(...continued)                                                       
          signature on the first Form 656 constituted an acceptance, it               
          makes no sense that they withdrew the first offer in order to               
          make an offer to pay more.                                                  
               11Mr. Sower did not have the authority to accept such an               
          offer.  See Boulez v. Commissioner, 76 T.C. 209, 213 (1981),                
          affd. 810 F.2d 209 (D.C. Cir. 1987); Deleg. Order No. 11 (Rev.              
          23), 1994-1 C.B. 324; Deleg. Order No. 11 (Rev. 22), 1992-1 C.B.            
          488.                                                                        




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