Dale L. Oyer, Transferee, et al. - Page 17

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          virtue of not having received a notice of deficiency or                     
          otherwise.  Because petitioners had (and availed themselves of)             
          previous opportunities to dispute their underlying transferee tax           
          liabilities, section 6330(c)(2)(B) bars them from challenging               
          those liabilities in this collection proceeding.                            
               In conclusion, principles of res judicata apply here and               
          operate, along with section 6330(c)(2)(B), to prevent petitioners           
          from challenging in this collection proceeding the existence and            
          amount of their transferee tax liabilities.9                                
          C.   Petitioners’ Offers in Compromise                                      
               In their various offers in compromise on the basis of doubt            
          as to liability, each petitioner proposed to pay $50 in                     
          satisfaction of the unpaid balance of assessments of transferee             
          liability.  Respondent rejected these offers in compromise on               
          grounds that the transferee liabilities had been determined in              
          the transferee liability cases and that petitioners were not in             
          compliance with income tax filing requirements.  We review                  
          respondent’s action for abuse of discretion, on the basis of the            
          arguments and information available to the Appeals officer when             
          the discretion was exercised.  See Sego v. Commissioner, 114 T.C.           
          at 610.                                                                     



               9 Respondent has not raised and we do not reach any issue as           
          to whether petitioners are also precluded from challenging their            
          underlying tax liabilities by sec. 6330(c)(4).                              





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