Bradley M. and Monica Pixley - Page 11

                                       - 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