Garrett Lawrence Bailey - Page 16

                                       - 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 necessary                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011