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consider petitioner’s offer in compromise if petitioner would
provide current financial information. Petitioner provided only
some of her current financial information, and so the hearing
officer did not consider the offer in compromise.
On October 6, 2000, respondent issued a notice of
determination in which respondent determined to proceed with
collection from petitioner of her taxes owing for 1989-92.
Discussion
Petitioner contends that respondent’s refusal to consider
her offer in compromise for 1989-92 because she did not provide
current financial information was an abuse of discretion.4 We
disagree. Section 7122(c)(1) provides that the Secretary shall
prescribe guidelines for the Internal Revenue Service to use in
determining whether to accept an offer in compromise.
Treasury regulations provide that the Commissioner will not
process an offer in compromise that lacks sufficient information
to permit the Commissioner to evaluate its acceptability. Sec.
301.7122-1T(c)(2), Temporary Proced. & Admin. Regs., 64 Fed. Reg.
39020 (July 21, 1999). The Commissioner will not process an
offer in compromise if the financial information submitted with
it is older than 12 months. 2 Administration, Internal Revenue
Manual (CCH), ch. 5.1(1) (Feb. 4, 2000). The hearing officer
4 At the hearing, petitioner told the hearing officer that
she did not want her offer in compromise to be considered based
on current financial information.
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