- 5 - see sec. 301.7122-1T(b)(4)(i), Temporary Proced. & Admin. Regs., supra; and, even if it did not, would because of “exceptional circumstances” be “detrimental to voluntary compliance by taxpayers” by creating doubt as to the fair administration of the tax laws, see sec. 301.7122-1T(4)(ii), Temporary Proced. & Admin. Regs., supra. Respondent rejected both arguments. He concluded that petitioners could fully satisfy both their tax debt and their foreseeable expenses without economic hardship. He also concluded that they had failed to show “exceptional circumstances” sufficient to justify accepting their compromise. We examine each issue in turn, mindful that our review under section 6330 is for abuse of discretion. See Davis v. Commissioner, 115 T.C. 35, 39 (2000). This standard does not ask us to decide whether in our own opinion the offer in compromise should have been accepted, but whether the Commissioner exercised his “discretion arbitrarily, capriciously, or without sound basis in fact or law.” Woodral v. Commissioner, 112 T.C. 19, 23 (1999). A. Hardship Petitioners suggest that although they currently enjoy fairly substantial means, their economic future is tainted by a diagnosis that petitioner Charles Fargo suffers from a progressive neurological condition that may eventually requirePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011