Joseph Dutton - Page 11

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          that was submitted and accepted after the effective date of                 
          section 6015.                                                               
               Petitioner argues that the offer in compromise should be set           
          aside because Mr. Zukle mistakenly stated that refunds would be             
          allowed for any relief granted under section 6015(c).                       
          Petitioner claims that the projected refund allowance would have            
          eliminated his 1986 and 1987 liabilities, fully paid his                    
          outstanding balance for 1993 through 1999, and given him a refund           
          of approximately $81,000.  Petitioner contends that he would not            
          have agreed to an offer in compromise if he had known he was                
          waiving his right to any refunds.                                           
               Petitioner’s argument is illogical.  Petitioner claims                 
          reliance upon the mistaken suggestion in the May 7, 2001, letter            
          that he might receive a refund.  That date was approximately 2              
          weeks after he had submitted the form offering to compromise his            
          liabilities and waive any refunds.  Because the Form 656 states             
          that petitioner would no longer be able to contest the amount of            
          his tax liability, there is no indication that at the time the              
          offer was submitted petitioner was under the impression that if             
          the offer was approved, then respondent would issue a refund                
          based on relief granted under section 6015(b), (c), or (f).  On             
          the basis of petitioner’s own argument, such an offer would have            
          been unnecessary had petitioner believed that he would receive              
          the mistakenly suggested refund.  The incorrect statement by Mr.            






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