John and Donna Ringgold - Page 4

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               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 (9th             






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