James J. Coyle - Page 10

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               The parties stipulated the fact of this offer in compromise.           
          The record contains a copy of the offer in compromise dated                 
          February 2, 1993, and the amended offer in compromise dated                 
          December 3, 1993.  Neither the stipulation nor copies of the                
          offers provide any detail as to the amounts or bases for                    
          determination of liability for any of the tax years involved.  We           
          note that the original offer was submitted February 2, 1993,                
          which is prior to the filing of the 1992 Federal income tax                 
          return.  The record is further unclear whether there was an                 
          examination of the 1992 return and any additional tax determined            
          and/or assessed before the acceptance of the offer in compromise.           
               Thus, it is not clear whether, upon issuing Mr. Coyle a                
          notice of deficiency in connection with the case at hand,                   
          respondent was reopening the offer in compromise with respect to            
          the 1992 tax year.  See sec. 301.7122-1(c), Proced. & Admin.                
          Regs.  Mr. Coyle has not alleged that the issuance of the notice            
          of deficiency in this case is an impermissible reopening of the             
          offer in compromise, and since the record does not provide                  
          sufficient information in this regard, we decline to consider               
          this issue.  Id.                                                            
               The primary issue in these cases is whether Regal omitted              
          gross receipts from the sale of wheels and axles and, if so,                
          whether Mr. Coyle omitted commission income received from Regal.            

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