Thomas G Collier - Page 10

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               On various occasions during the process before Appeals,                
          petitioner communicated an interest in pursuing an offer in                 
          compromise.  Section 7122(a), as pertinent here, authorizes the             
          Secretary to compromise any civil case arising under the internal           
          revenue laws.  Regulations promulgated under section 7122 set               
          forth three grounds for compromise of a liability:  (1) Doubt as            
          to liability, (2) doubt as to collectibility, or (3) promotion of           
          effective tax administration.  Sec. 301.7122-1(b), Proced. &                
          Admin. Regs.2  With respect to the third-listed ground, a                   
          compromise may be entered to promote effective tax administration           
          where:  (1)(a) Collection of the full liability would cause                 
          economic hardship; or (b) exceptional circumstances exist such              
          that collection of the full liability would undermine public                
          confidence that the tax laws are being administered in a fair and           
          equitable manner; and (2) compromise will not undermine                     




               2 Sec. 301.7122-1, Proced. & Admin. Regs., contains an                 
          effective date provision stating that the section applies to                
          offers in compromise pending on or submitted on or after July 18,           
          2002.  Sec. 301.7122-1(k), Proced. & Admin. Regs.  Previous                 
          temporary regulations by their terms apply to offers in                     
          compromise submitted on or after July 21, 1999, through July 19,            
          2002.  Sec. 301.7122-1T(j), Temporary Proced. & Admin. Regs., 64            
          Fed. Reg. 39027 (July 21, 1999).  The final and temporary                   
          regulations do not differ materially in substance in any way                
          relevant here, and temporary regulations are entitled to the same           
          weight and binding effect as final regulations.  Peterson Marital           
          Trust v. Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d              
          795 (2d Cir. 1996).  For simplicity and convenience, the final              
          regulations are cited.                                                      





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