- 6 - The regulations state three different grounds for compromising tax liabilities: (1) Doubt as to liability; (2) doubt as to collectibility; and (3) promotion of effective tax administration. Sec. 301.7122-1T(b), Temporary Proced. & Admin. Regs., 64 Fed. Reg. 39024 (July 21, 1999).4 The parties’ arguments focus exclusively on the ground of doubt as to collectibility. Doubt as to collectibility arises if the taxpayer’s assets and income are less than the full amount of the assessed liability. Id. In determining whether there is doubt as to collectibility, the Commissioner must determine the taxpayer’s “ability to pay” the outstanding tax liabilities that are to be compromised. Sec. 301.7122-1T(b)(3)(ii), Temporary Proced. & Admin. Regs., supra. B. Determining a Taxpayer’s Ability To Pay In determining a taxpayer’s ability to pay outstanding tax liabilities, the Commissioner takes into account the funds the taxpayer needs to pay basic living expenses. Id. The taxpayer’s basic living expenses are determined by evaluating the taxpayer’s facts and circumstances. Id. In evaluating a taxpayer’s ability to pay, the Commissioner considers two types of allowable expenses: (1) necessary expenses, and (2) conditional expenses. Internal Revenue Manual 4 Final regulations under sec. 7122 were promulgated effective for offers in compromise pending on or submitted on or after July 18, 2002. Sec. 301.7122-1(k), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011