James Dwain & Jill R. Haws - Page 11

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          C.  Effect of the Noninclusion of Petitioners’ 1992 Taxes in the            
          Installment Agreement                                                       
               The parties agree that respondent’s established policy is to           
          include all balance due accounts in an installment agreement.               
          Contrary to petitioners’ assertion, however, it does not follow             
          that noninclusion of a balance due for a particular year thereby            
          eliminates it.  We have concluded that the noninclusion of the              
          1992 balance due was most likely a mistake.  Respondent’s                   
          transcripts of petitioners’ accounts, which are in evidence and             
          which petitioners do not directly challenge, show that at all               
          relevant times (including now) petitioners have had an                      
          outstanding unpaid balance for their 1992 tax year.  We are                 
          unconvinced that the appropriate remedy for respondent’s                    
          ostensible mistake is to grant petitioners a windfall of a                  
          portion of their otherwise undisputed 1992 tax liability.                   
               In this regard, we note that respondent is not authorized to           
          compromise a liability except as provided in section 7122                   
          regarding offers in compromise.  See Harbaugh v. Commissioner,              
          T.C. Memo. 2003-316 (“It is well settled that section 7122 and              
          the regulations thereunder provide the exclusive method of                  
          effectuating a valid compromise of assessed tax liabilities.”).             
          Unlike an offer in compromise, an installment agreement                     
          necessitates full payment of the tax liability involved without             
          compromise.  See sec. 301.6159-1, Proced. & Admin. Regs.                    
          (providing that an installment agreement “allows the taxpayer to            





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