- 12 - the liabilities set forth in the qualified offer, petitioners should have at least stated that the offered amount was subject to reduction by application of NOLs. We agree with respondent. Petitioners’ interpretation of the regulation renders the third requirement meaningless. In order to give effect to the third requirement, an offered amount must be one that will fully resolve a taxpayer’s liability for the type(s) of tax and tax year(s) at issue. If taxpayers were allowed to reduce the amount of the qualified offer after the qualified offer was made, then the qualified offer would not be one that, if accepted, would fully resolve the taxpayer’s liability, thus giving no effect to the third requirement. In the current case, petitioners’ qualified offer would not fully resolve their liabilities for the type of tax and tax years at issue if petitioners were now able to apply the NOLs to reduce the offered amount. Additionally, the fact that the NOLs were not in dispute at the time the qualified offer was made is a matter of petitioners’ own doing. Petitioners admittedly raised the issue of the NOLs for the first time after the agreement was entered into. In petitioners’ Opposition to Respondent’s Motion for Summary Judgment, petitioners state that, immediately upon acceptance of the qualified offer by respondent, petitioners “reminded” respondent that petitioners had several years of tax loss carryforwards and carrybacks.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011