Albert M. Kun - Page 9

                                        - 9 -                                         
          offer-in-compromise should be rejected for several reasons3 in              
          addition to petitioner’s ability to pay.                                    
               In arguing that the rejection of his offer-in-compromise was           
          an abuse of discretion, petitioner also contends that Appeals               
          Officer Wong failed to make a finding of net income for purposes            
          of an installment agreement.  Petitioner has not directed us to,            
          and we are not aware of, any such requirement for purposes of               
          rejecting an offer-in-compromise.  Moreover, when Appeals Officer           
          Wong presented to petitioner the opportunity to consider an                 
          installment agreement, petitioner declined to do so.  Appeals               
          Officer Wong’s rejection of petitioner’s offer-in-compromise was            
          not an abuse of discretion.                                                 
          C.  Conclusion                                                              
               We have considered the remaining arguments of both parties             
          for results contrary to those discussed herein and, to the extent           
          not discussed above, conclude those arguments are irrelevant,               
          moot, or without merit.4  We shall sustain respondent’s                     


               3In addition to determining that the amount of petitioner’s            
          offer-in-compromise was inadequate, Appeals Officer Wong rejected           
          petitioner’s offer-in-compromise because petitioner had a 17-year           
          history of noncompliance with the Federal income tax laws; had              
          not paid his 2000, 2001, or 2002 Federal income tax liability;              
          and had not made required estimated tax payments as of the date             
          of his hearing.  See Londono v. Commissioner, T.C. Memo. 2003-99            
          (taxpayer’s history of noncompliance was basis for rejecting                
          offer-in-compromise).                                                       
               4In his posttrial memorandum of law, petitioner argued that            
          he was denied due process when this Court granted respondent’s              
                                                             (continued...)           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011