Johnny and M. Suzan Black - Page 7

          v. Commissioner, 114 T.C. 176, 183 (2000).  In so doing, we do              
          not conduct an independent review of what would be an acceptable            
          offer in compromise.  Van Vlaenderen v. Commissioner, T.C. Memo.            
          2003-346.  We review only whether the Appeals officer’s refusal             
          to accept petitioners’ OIC was arbitrary, capricious, or without            
          sound basis in fact or law.  See Woodral v. Commissioner, 112               
          T.C. 19, 23 (1999).                                                         
               On the basis of the information considered by the Appeals              
          officer, we cannot conclude that rejection of petitioners’ OIC              
          was an abuse of discretion.  See, e.g., Van Vlaenderen v.                   
          Commissioner, supra; Crisan v. Commissioner, T.C. Memo. 2003-318;           
          Willis v. Commissioner, T.C. Memo. 2003-302; O’Brien v.                     
          Commissioner, T.C. Memo. 2003-290; Schulman v. Commissioner, T.C.           
          Memo. 2002-129.  Petitioners’ OIC of $5,000 was not based on any            
          analysis.  In contrast, in response to the OIC, the IRS provided            
          a detailed analysis computing petitioners’ net realizable equity.4          
          Furthermore, while petitioners made a general assertion that they           
          should be entitled to make installment payments, they did not               
          present any details as to this.  Further, even if an installment            
          agreement were in effect pursuant to section 6159, such agreement           
          would not prevent the filing of a notice of Federal tax lien.               
          Sec. 301.6159-1(d)(3), Proced. & Admin. Regs.                               

               4  See Speltz v. Commissioner, 124 T.C. __ (2005) for a                
          detailed discussion of the regulations relating to OICs.                    

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