- 19 - First, contrary to petitioner’s assertion, the Appeals officer did not suspend her consideration of the offer-in- compromise because petitioner had failed to meet his filing requirements. Rather, the Appeals officer took that action after petitioner’s attorney disclosed that petitioner’s unpaid tax liability for 2003 was $70,000. The Appeals officer had no reason to doubt this disclosure and no way of knowing that petitioner’s return, when it was filed approximately 5 months later, would report an unpaid tax liability of $5,160. In response to that disclosure, the Appeals officer advised petitioner’s attorney that she could no longer consider the offer-in-compromise because petitioner had not complied with the “payment requirements” for his 2003 return. In this case, we cannot fault the Appeals officer for her concern about the fact that petitioner had, according to his attorney, allowed a substantial additional tax liability to accrue for 2003 without payment. For example, in Orum v. Commissioner, 412 F.3d 819, 821 (7th Cir. 2005), affg. 123 T.C. 1 (2004), the court stated as follows: It would not do the Treasury any good if taxpayers used the money owed for 2004 to pay taxes due for 1998, the money owned for 2005 to pay taxes for 1999, and so on. That would spawn more collection cycles yet leave a substantial unpaid balance. The Service’s goal is to reduce and ultimately eliminate the entire tax debt,Page: 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