Edward F. Murphy - Page 41

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          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.                                     





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