James M. Robinette - Page 60

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               HALPERN and HOLMES, JJ., dissenting:1  Petitioner admittedly           
          owed almost $1 million in back taxes and additions to tax.                  
          Respondent agreed to forgo collection of almost 90 percent of               
          that amount in exchange for petitioner’s promise to pay the                 
          balance of $100,000 in 60 days and pay additional amounts if his            
          future income exceeded certain levels.2  Respondent expressly               
          conditioned his forbearance on petitioner’s timely compliance               
          with tax filing and payment requirements over the next 5 years.             
          The majority essentially concludes that, notwithstanding                    
          petitioner’s failures to (1) comply with the timely filing                  
          condition and (2) respond to at least three written requests                
          demanding compliance, respondent may not declare petitioner in              
          default and proceed to collect the compromised amount in                    
          accordance with the terms of the offer-in-compromise (OIC).                 
          Along the way, the majority (1) eviscerates the Court’s holding             
          in Magana v. Commissioner, 118 T.C. 488 (2002), regarding the               
          matters we may properly address in a collection due process case,           


               1  Seventeen judges voted in conference on Judge Vasquez’s             
          report in this case.  Including Judge Vasquez, six judges agree             
          fully with the report, while eight concur in the result but take            
          exception to one or more of the report’s particulars.  Since we             
          do not have a full exposition of the exceptions, we are unable to           
          say exactly how strong the conference agreement is on any of the            
          particulars of the report.  We will assume, however, that a                 
          majority could be marshaled for each of the particulars we                  
          address here, and will refer to the “majority” in discussing                
          those particulars.                                                          
               2  As part of the agreement, petitioner also waived the                
          period of limitations on collection.                                        




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