Bradley M. and Monica Pixley - Page 6

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               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.            





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