- 16 - Regs.; or (2) exceptional circumstances exist such that collection of the full liability would be detrimental to voluntary compliance by taxpayers; and (3) compromise of the liability will not undermine compliance by taxpayers with tax laws. Sec. 301.7122-1(b)(3), Proced. & Admin. Regs.; see 2 Administration, Internal Revenue Service (CCH), section 5.8.11.2, at 16,385-3 (taxpayer’s liability may be eligible for compromise to promote effective tax administration if the taxpayer is not eligible for compromise based on doubt as to liability or doubt as to collectibility, and taxpayer has exceptional circumstances to merit the offer). Under section 301.6343-1(b)(4)(i), Proced. & Admin. Regs., a levy creates economic hardship “if satisfaction of the levy in whole or in part will cause an individual taxpayer to be unable to pay his or her reasonable basic living expenses.” Petitioner contends for three reasons that respondent abused his discretion by refusing to accept petitioner’s offer-in-compromise. First, petitioner contends that the Appeals officer “was without basis in determining that Mr. Dostal was in substantial non-compliance.” As we understand petitioner’s brief, he complains that the Appeals officer “declined to consider” his offer-in- compromise because of petitioner’s “noncompliance withPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011