- 9 - we generally do not consider an issue that is raised for the first time at trial. See, e.g., Foil v. Commissioner, 92 T.C. 376, 418 (1989), affd. 920 F.2d 1196 (5th Cir. 1990); Markwardt v. Commissioner, 64 T.C. 989, 997 (1975). Respondent has offered no explanation for not raising the issue of petitioner’s noncompliance earlier. We do not consider this issue, nor does it affect the outcome of this case. Doubt as to Collectibility The Secretary may compromise a tax liability for doubt as to collectibility when “the taxpayer’s assets and income are less than the full amount of the assessed liability.” Sec. 301.7122-1(b)(2), Proced. & Admin. Regs. Respondent determined that the total value of petitioner’s interests in real property exceeded the amount of his unpaid tax liabilities. At trial, petitioner stated he “had no problem” with respondent’s determination with respect to his real property interests. He also conceded that he had sufficient assets to pay his tax liabilities for the years at issue. Accordingly, he is not entitled to compromise his tax liabilities on the basis of doubt as to collectibility. Effective Tax Administration The Secretary may compromise a liability on the ground of effective tax administration when: (1) Collection of the full liability will create economic hardship; or (2) exceptionalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011