James M. Robinette - Page 41

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          offer-in-compromise); Fortenberry v. United States, 49 AFTR 2d              
          82-1027, 82-1 USTC par. 9191 (S.D. Miss. 1981) (taxpayer’s                  
          failure to pay additional amounts under collateral agreement was            
          breach of the terms of the offer-in-compromise); United States v.           
          Wilson, 182 F. Supp. 567, 570 (D.N.J. 1960) (taxpayer’s failure             
          to pay weekly installments caused IRS to terminate offer-in-                
          compromise).                                                                
                         b.   Analysis                                                
               Loss of benefit to injured party.  In petitioner’s late                
          filing of his 1998 return, in which he was due a refund, the                
          extent of the benefit that respondent was deprived of was not               
          significant.  Inherent in the requirement that taxpayers comply             
          with the provisions of the Internal Revenue Code for 5 years is             
          the IRS expectation that the taxpayer will pay the taxes owed on            
          time.  See Roberts v. United States, 225 F. Supp. 2d at 1148.  In           
          this case, however, petitioner was due a refund.                            
               As stated supra, petitioner’s return was not timely filed.             
          Not every delay, however, constitutes a material breach.  There             
          must also be a causal connection between the delay and the                  
          damages suffered by respondent, in order for a material breach to           
          be found on the basis of the delay.  23 Williston on Contracts,             
          sec. 63:18 (4th ed. 2002).  Respondent suffered no monetary                 
          damage from petitioner’s late filing of the 1998 return.  Under             








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