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offer in compromise. Petitioner has completed the payment plan
under the accepted offer. Respondent argues that the accepted
offer precludes petitioner from asserting a claim for relief
under section 6015.
Section 7122 governs offers in compromise. Section 7122(a)
authorizes the Commissioner to compromise a taxpayer’s
outstanding liabilities. Taxpayers generally submit an offer in
compromise according to procedures, and in the form and manner,
prescribed by the Commissioner. Sec. 301.7122-1T(c)(1),
Temporary Proced. & Admin. Regs., 64 Fed. Reg. 39025 (July 21,
1999).5 An offer in compromise may be withdrawn by the taxpayer
or his representative at any time before acceptance of the offer.
Sec. 301.7122-1T(c)(3), Temporary Proced. & Admin. Regs., supra.
The offer is considered withdrawn when the Commissioner receives
written notification of the withdrawal of the offer by personal
delivery or certified mail, or when the Commissioner issues a
letter confirming the taxpayer’s intent to withdraw the offer.
Id. Generally, an acceptance of an offer in compromise will
conclusively settle the liability of the taxpayer specified in
the offer, absent fraud or mutual mistake. Estate of Jones v.
Commissioner, 795 F.2d 566, 574 (6th Cir. 1986), affg. T.C. Memo.
1984-53; Timms v. United States, 678 F.2d 831, 833 (9th Cir.
5Final regulations under sec. 7122 were promulgated
effective for offers in compromise pending on or submitted on or
after July 18, 2002. Sec. 301.7122-1(k), Proced. & Admin. Regs.
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