Edward F. Murphy - Page 15

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          2003-71, sec. 4.02(2), 2003-2 C.B. 517.  The offer must include             
          all unpaid tax liabilities and periods for which the taxpayer is            
          liable.  Internal Revenue Manual (IRM) pt. 5.8.1.7 (Sept. 1,                
          2005) (Liabilities to be Compromised).2  In some cases, the                 
          Secretary will accept an offer of less than the reasonable                  
          collection potential of the case if there are special                       
          circumstances.  Rev. Proc. 2003-71, supra.  Special circumstances           
          are (1) circumstances demonstrating that the taxpayer would                 
          suffer economic hardship if the IRS were to collect from him an             
          amount equal to the reasonable collection potential of the case             
          or (2) if no demonstration of such suffering can be made,                   
          circumstances justifying acceptance of an amount less than the              
          reasonable collection potential of the case based on public                 
          policy or equity considerations.  IRM pt. 5.8.4.3.4 (Sept. 1,               
          2005) (Effective Tax Administration and Doubt as to                         
          Collectibility with Special Circumstances).  To demonstrate that            
          compelling public policy or equity considerations justify a                 
          compromise, the taxpayer must be able to demonstrate that, due to           
          exceptional circumstances, collection of the full liability would           
          undermine public confidence that the tax laws are being                     




               2  All citations to the Internal Revenue Manual are to the             
          manual as found at http://www.irs.gov/irm/index.html (last                  
          visited Dec. 27, 2005).                                                     





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