- 15 - In this case, petitioner’s position is that respondent abused his discretion in the subject notice of determination, which sustained the proposed collection action for 2000 and 2001, because respondent refused to process petitioner’s offer-in-compromise. Thus, the only issue in this case involves a collection alternative, petitioner’s offer-in-compromise. We review the determination for an abuse of discretion because the underlying tax liability is not at issue. Lunsford v. Commissioner, 117 T.C. 183, 185 (2001); Nicklaus v. Commissioner, 117 T.C. 117, 120 (2001). Section 7122(a) authorizes the Secretary to compromise any civil case arising under the internal revenue laws. The regulations set forth three grounds for the compromise of a liability: (1) Doubt as to liability; (2) doubt as to collectibility; or (3) promotion of effective tax administration. Sec. 301.7122-1(b), Proced. & Admin. Regs.; see sec. 7122(c)(1). Neither doubt as to liability nor doubt as to collectibility is at issue in the instant case. The Secretary may compromise a liability to promote “effective tax administration” when: (1) Collection of the full liability would cause the taxpayer economic hardship within the meaning of section 301.6343-1, Proced. & Admin.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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