- 9 - On March 29, 2002, Mr. O’Connell provided documents to Mr. Blais. Mr. Blais concluded that an OIC was possible, but additional investigation was necessary and needed to be done at a “lower level”. Mr. Blais did not feel comfortable determining a settlement figure. That same day, Mr. Blais wrote petitioner’s attorneys: I can state with reasonable certainty that sufficient resources do not appear to exist to liquidate the full amount of the delinquent tax liability. Although, an Offer in Compromise appears to be a likely method of resolving the dispute; the information submitted so far is not adequate to quantify an amount or a range of amounts that appear acceptable. In order to fully exhaust this method of resolution I propose to return the Offer in Compromise portion of my case to the Compliance function so they can fully develop and quantify an equity/asset position. If an agreement cannot be reached at that level the Offer may receive additional consideration from Appeals. The letter concluded: “The complex nature and numerous transactions regarding the Offer in Compromise warrant additional investigative work by the Compliance function prior to a resolution acceptable by both parties.” Mr. Blais sent the OIC to the “OIC group” for additional investigation. On April 10, 2002, Mr. Blais prepared an Appeals case memorandum. In the Appeals case memorandum, Mr. Blais wrote: “There is no evidence that the taxpayer had 5 million dollars to purchase trust property and finance the business dealings” and that bankruptcy proceedings “did not uncover any assets or cash that might have been available to start the type of entities nowPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011