- 41 - 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. UnderPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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