Robert A. and Nanci M. Spurgin - Page 9




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          IRM, sec. 57(10)9.1(1)-(2) (Feb. 26, 1992).                                 
               An offer is unprocessable if:  (1) The taxpayer is not                 
          identified; (2) the liabilities to be compromised are not                   
          identified; (3) no amount is offered; (4) appropriate signatures            
          are not present; (5) financial statement is not provided; (6) the           
          offer does not reasonably reflect net equity in assets on Forms             
          433-A and 433-B and amounts recoverable from future income                  
          sources, as reflected on financial statements;6 (7) an obsolete             
          Form 656 is used; or (8) the taxpayer alters the terms on Form              
          656.  IRM, sec. 57(10)9.1(3) (Feb. 26, 1992).                               
               1.  Petitioners’ First Offer in Compromise                             
               On September 19, 1994, petitioners submitted Form 656,                 
          offering to compromise their 1993 tax liability for $5,000 on the           
          ground of doubt as to collectibility.  Petitioners submitted                
          Forms 433-A and 433-B in support of their offer.                            
               By letter dated December 20, 1994, respondent advised                  



               6  However, the Internal Revenue Manual cautions:                      
               judgment should be exercised when deciding whether to                  
               return an offer as unprocessable for this reason alone.                
               It may be desirable to receive an offer into inventory                 
               which does not technically meet this criterion.  This                  
               would apply if the amount offered is close enough to                   
               the sum of net equity from Forms 433-A and 433-B, and                  
               amounts recoverable from future income sources that                    
               successful negotiation with the taxpayer could be                      
               pursued.                                                               
          IRM, sec. 57(10)9.1(3)(f) (Feb. 26, 1992).                                  






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