- 41 - enter into OICs.” We need not in this case decide whether the Secretary “must” negotiate an offer in compromise. See Olsen v. United States, 414 F.3d at 157 (“section 7122 commits the acceptance and negotiation of offers in compromise to the Secretary’s discretion”). In this case, although Ms. Boudreau rejected the offer in compromise, she told petitioner what would be an acceptable offer in compromise and provided petitioner almost 2 months to submit a new offer before she closed the case. In that regard, there was no error in her actions. Cf. id. (with respect to taxpayer’s argument that Appeals officer failed to negotiate and make a counter-offer during course of section 6330 hearing: “Given * * * [the taxpayer’s] sluggish and inadequate response, the appeals officer was certainly not required, nor was she able, to make a meaningful counter-offer.”). Finally, petitioner complains that the absence of administrative review of the rejected offer in compromise as well as the Secretary's failure to grant him administrative appeal rights evidences bias in the section 6330 hearing procedures.12 Here, the record shows that Ms. Boudreau’s decision to reject the offer was reviewed and approved by her supervisor. Moreover, petitioner does have the right to appeal; viz, to this Court. 12 Sec. 301.7122-1(f), Proced. & Admin. Regs., requires administrative review of a rejected offer in compromise and accords the taxpayer a right of appeal.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011