Robert A. and Nanci M. Spurgin - Page 21




                                       - 21 -                                         
          offers were all determined by respondent to be unprocessable                
          before that date.  Accordingly, it would not have even been                 
          possible for respondent’s agents to apply the local standards to            
          those six offers.                                                           
               Third, even if respondent’s agents could have divined the              
          future publication of the local standards, respondent’s agents              
          would not have had the opportunity to apply them to petitioners’            
          first six offers because those offers were determined to be                 
          unprocessable.  In other words, those offers were never assigned            
          to a revenue officer for investigation and evaluation on their              
          merits.                                                                     
               Fourth, and most importantly, application of the local                 
          standards was but one step in the process of investigating and              
          evaluating petitioners’ offer in compromise, a process that                 
          repeatedly called for the exercise of judgment and discretion on            
          the part of the revenue officer.  In contrast, a ministerial act            
          does not involve the exercise of judgment or discretion.  Sec.              
          301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra.  We             
          reject petitioners' attempt to dissect a unitary process into a             
          series of unrelated and independent steps.                                  
               Petitioners also contend that respondent erred by not                  
          informing them of the local standards for housing and utilities             










Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011