- 11 - offer in compromise is adequate and should be accepted to resolve a tax dispute, see sec. 7122(c)(1).7 We hold that the Appeals officer’s disallowance of tithing expenses in evaluating petitioners’ ability to pay their taxes did not violate Mr. Pixley’s First Amendment rights to free exercise of religion. VI. Conclusion We sustain respondent’s determination in the notice of determination that, for purposes of petitioners’ offer in compromise, Mr. Pixley’s tithing expenses are not allowable in determining petitioners’ ability to pay their outstanding tax liabilities. Petitioners raise no additional arguments against respondent’s proposed collection action. Consequently, we sustain respondent’s determination to proceed with collection of petitioners’ tax liabilities by levy. Decision will be entered for respondent. 7 The Commissioner states that the objectives of the offer in compromise program are to: (1) Effect collection of what can reasonably be collected at the earliest possible time and at the least cost to the Government; (2) achieve a resolution that is in the best interest of both the individual taxpayer and the Government; (3) provide the taxpayer a fresh start toward future voluntary compliance with all filing and payment requirements; and (4) secure collection of revenue that may not be collected through any other means. IRM sec. 5.8.1.1.4(1) (Feb. 4, 2000). These objectives are in furtherance of the Government’s greater interest in collecting taxes and maintaining a uniform, mandatory, and sound tax system.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011