- 11 - requiring the abatement of interest with respect to the taxable year 1992 or 1993. See sec. 6404(e). The fact that respondent assigned another DLN (document locator number) to each of petitioners’ returns a few months after those returns were filed in 1994 (apparently because they were “balance-due returns”) does not, by any stretch of the imagination, satisfy petitioners’ burden of proof. C. Did Respondent Abuse His Discretion? At the administrative hearing, there was discussion concerning a possible installment payment agreement. Petitioners, however, were not willing to enter into such an agreement because they continued to dispute their underlying liabilities for 1992 and 1993. For that same reason, respondent was not willing to offer an installment payment agreement as a collection alternative. In Rodriguez v. Commissioner, T.C. Memo. 2003-153, we held that it was not an abuse of discretion for the Commissioner to decline to accept an offer in compromise as a collection alternative if the taxpayer had not filed all required income tax returns. Indeed, we stated: The decision not to accept the offer in compromise submitted by petitioner on account of her failure to file all required returns was an entirely reasonable exercise of the Commissioner’s discretion in administering the offer in compromise program. [Id.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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