Roy and Antonette Barnes - Page 8

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          5.8.11.2.5, states that petitioners’ offer also does not meet the           
          Commissioner’s guidelines for consideration as an offer-in-                 
          compromise to promote effective tax administration.                         
               As to petitioners’ offer-in-compromise due to doubt as to              
          collectibility, the notice states more specifically that                    
               the taxpayers [petitioners] have the ability to pay                    
               more than the offer amount from the equity in their                    
               assets while still meeting their necessary basic living                
               expenses, in accordance with IRM 5.8.5.5.1.  The                       
               taxpayers have an ability to pay substantially more                    
               than the amount being offered, as per the guidelines of                
               Internal Revenue Manual 5.8.5.3.1.  The taxpayers’                     
               circumstances have been documented and considered but                  
               are insufficient to permit acceptance of an offer                      
               amount that is, at best, less than 30% of the RCP                      
               [reasonable collection potential] ($32,000/$107,617).                  
          As to petitioners’ offer-in-compromise to promote effective tax             
          administration, the notice states:                                          
               Analysis of the taxpayers’ finances shows that the                     
               taxpayers’ equity in assets plus present and future                    
               income are less than the assessed amounts to be                        
               compromised.  The taxpayers, therefore, fail to meet                   
               the requirements for consideration of an offer in                      
               compromise based on Effective Tax Administration, as                   
               per the guidelines of Internal Revenue Manual                          
               5.8.11.1(2).                                                           
          The notice further states as to Cochran’s balancing of efficient            
          collection with the legitimate concerns of taxpayers that                   
               The taxpayers’ concerns about the proposed collection                  
               action generally fall within two areas: (1) pending                    
               litigation (the interest abatement case) and (2) a                     
               viable collection alternative in the form of their                     
               $32,000 offer in compromise.                                           
               The Settlement Officer has balanced the taxpayers’                     
               first area of concern by confirming that the taxpayers’                
               interest abatement case has been decided in Tax Court,                 





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