- 16 - The Commissioner will not process an offer-in-compromise where the information provided is insufficient to allow the Commissioner to evaluate its acceptability. Sec. 301.7122- 1(d)(2), Proced. & Admin. Regs. The Commissioner will not process an offer-in-compromise if the taxpayer has not filed all required tax returns or completed the required forms. 1 Administration, Internal Revenue Manual (CCH), sec. 5.8.3.4.1(1)(a), (d), at 16,274. Mr. Janish provided petitioner with a list of required paperwork that petitioner needed to submit in order for an offer- in-compromise to be processed, and he sent petitioner a blank Form 433-A. Petitioner did not submit any of the required forms for an offer-in-compromise, including Form 433-A, or file his 2001 and 2002 tax returns by the deadline set by Mr. Janish. He did not request an extension of the deadline or otherwise communicate with Mr. Janish. Petitioner did not provide Mr. Janish with any evidence of his alleged inability to pay. At trial, petitioner did not offer any credible evidence to support his position that Mr. Janish did not properly evaluate his collection information. In fact, the record demonstrates that the determination by Mr. Janish was entirely appropriate. Mr. Janish verified from the information available to him that all legal and procedural requirements had been met. Mr. Janish also gave petitioner the opportunity to submit the necessaryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011