- 4 - By notice dated September 7, 2001, respondent determined to proceed with collection. In response, petitioners, while residing in San Diego, California, filed a petition and amended petition on September 20, and October 18, 2001, respectively. OPINION Petitioners’ sole contention is that they do not owe the liability for which the lien was recorded because they were “given an offer in compromise in fact” by the auditor. Respondent contends that petitioners and the auditor did not execute a binding agreement. We agree with respondent. The law regarding compromises is well established. The regulations and procedures under section 7122 provide the exclusive method of effectuating a compromise. Shumaker v. Commissioner, 648 F.2d 1198, 1199-1200 (9th Cir. 1981) (citing Botany Worsted Mills v. United States, 278 U.S. 282, 288-289 (1929)), revg. on another issue T.C. Memo. 1979-71. Petitioners and the auditor did not enter into a binding agreement to compromise petitioners’ 1997 tax liability. First, petitioners did not submit Form 433-A for respondent to determine whether there was doubt as to collectibility. See sec. 301.7122-1(a), Proced. & Admin. Regs. Second, petitioners did not submit an offer in compromise on the appropriate form (i.e., Form 656), and were never notified in writing that an offer in compromise had been accepted. Laurins v. Commissioner, 889 F.2d 910, 912 (9thPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011