- 14 - information and the filing fee with the offer-in-compromise. Ms. Cahill notified petitioners that the offer-in-compromise was incomplete and gave them additional time to submit both of these items. After petitioners chose not to avail themselves of the opportunity to submit these items, Ms. Cahill did not process petitioners’ offer-in-compromise. We find that Ms. Cahill did not exercise her discretion with respect to petitioners’ offer-in-compromise arbitrarily, capriciously, or without sound basis in fact or law. E. Financial Hardship In their petition, petitioners allege that payment of their 1999 tax liability would be an “extreme financial hardship”, but the record in this case contains little, if any, support for that allegation. The notice of determination indicates that petitioners failed “to provide any financial information or documentation proving special circumstances.” Petitioners did not supply a current Form 433-A, or other current financial information to respondent, despite several requests to do so by Ms. Cahill. Having failed to respond to respondent’s requests for certain financial information, petitioners are hardly in a position to challenge respondent’s determination on the basis of an alleged financial hardship. See Newstat v. Commissioner, T.C. Memo. 2004-208.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011