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Commissioner, T.C. Memo. 2004-7; see also, e.g., Crisan v.
Commissioner, T.C. Memo. 2003-318; Willis v. Commissioner, T.C.
Memo. 2003-302; O'Brien v. Commissioner, T.C. Memo. 2003-290;
Schulman v. Commissioner, T.C. Memo. 2002-129.
a. Offer in Compromise
Section 7122(a) authorizes the Commissioner to compromise a
taxpayer's outstanding liabilities. The regulations and
procedures under section 7122 provide the exclusive method of
effectuating a nonjudicial compromise.3 Laurins v. Commissioner,
889 F.2d 910, 912 (9th Cir. 1989), affg. Norman v. Commissioner,
T.C. Memo. 1987-265; Shumaker v. Commissioner, 648 F.2d 1198,
1199-1200 (9th Cir. 1981) (citing Botany Worsted Mills v. United
States, 278 U.S. 282, 288-289 (1929)), affg. in part, revg. and
remanding in part per curiam on other grounds T.C. Memo. 1979-71.
3Sec. 301.7122-1, Proced. & Admin. Regs., contains an
effective date provision stating that the section applies to
offers in compromise pending on or submitted on or after July 18,
2002. Sec. 301.7122-1(k), Proced. & Admin. Regs. Previous
temporary regulations by their terms apply to offers in
compromise submitted on or after July 21, 1999, through July 19,
2002. Sec. 301.7122-1T(j), Temporary Proced. & Admin. Regs., 64
Fed. Reg. 39027 (July 21, 1999). Because the final and temporary
regulations do not differ materially in substance in any way
relevant here, the Court need not resolve which section would
apply in petitioner's circumstances. The Court further notes
that temporary regulations are entitled to the same weight and
binding effect as final regulations. Peterson Marital Trust v.
Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d
Cir. 1996). For simplicity and convenience, citations are to the
final regulations.
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