David L. Samuel - Page 2




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                    Held:  R’s rejection of P’s offer-in-compromise                   
               was an abuse of discretion, and this case will be                      
               remanded to the IRS Appeals Office so that P may make a                
               revised offer reflecting a reduced amount of dissipated                
               assets.                                                                


               William A. Neilson and Douglas L. Salzer, for petitioner.              
               Linda A. Neal, for respondent.                                         

                                 MEMORANDUM OPINION                                   

               NIMS, Judge:  This case arises from a petition for judicial            
          review filed in response to a Notice of Determination Concerning            
          Collection Action(s) Under Section 6320 and/or 6330.  Unless                
          otherwise indicated, all section references are to the Internal             
          Revenue Code in effect for the years in issue as amended, and all           
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.  The issue for decision is whether respondent’s                  
          rejection of petitioner’s offer-in-compromise was an abuse of               
          discretion.                                                                 
                                     Background                                       
               This case was submitted fully stipulated pursuant to Rule              
          122, and the facts are so found.  The stipulations of the                   
          parties, with accompanying exhibits, are incorporated herein by             
          this reference.  At the time he filed the petition, petitioner              
          resided in Louisiana.                                                       








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