Edward F. Murphy - Page 33

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          inability to pay in full agrees with the information petitioner             
          provided her, and we see no error in that conclusion or in her              
          decision, based on that conclusion, to reject effective tax                 
          administration as a ground for compromising the 1992-2001                   
          liability.  Section 301.7122-1(b)(3)(ii), Proced. & Admin. Regs.,           
          makes the ability to make full payment a precondition to any                
          offer in compromise based on effective tax administration.10                
               Nor do we see any error in Ms. Boudreau’s decision to reject           
          petitioner’s offer of $10,000 in settlement of the 1992-2001                
          liability of $275,777 on the ground of doubt as to                          
          collectibility.  She reviewed the information submitted by                  
          petitioner during the hearing.  She found that petitioner was               
          operating a business and earning more than $30,000 a year.                  
          Combined with his monthly pension income, and after subtracting             


               10  In his reply brief, petitioner, for the first time,                
          raises a challenge to sec. 301.7122-1, Proced. & Admin. Regs., in           
          so far as it sets forth the requirements that a taxpayer must               
          meet to qualify for a compromise on the basis of effective tax              
          administration.  Petitioner bases his challenge on changes made             
          to sec. 7122 by the Internal Revenue Service Restructuring and              
          Reform Act of 1998, Pub. L. 105-206, sec. 3462(a) and (c)(1), 112           
          Stat. 764, 766.  See H. Rept. 105-599, at 287-289 (1998), 1998-3            
          C.B. 747, 1041-1043 (addressing effective tax administration).              
          That argument is raised too late for consideration.  See Rule               
          334(b)(4); Aero Rental v. Commissioner, 64 T.C. 331, 338 (1975);            
          Kelly v. Commissioner, T.C. Memo. 1996-529.  Petitioner does not            
          lose much by our so ruling, since, as described supra sec. III.             
          of this report, the same factors are taken into account in                  
          considering offers in compromise grounded on effective tax                  
          administration and those grounded on doubt as to collectibility             
          based on special circumstances.                                             





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