- 15 - 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).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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