Roy and Antonette Barnes - Page 13

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          Regs.  If a taxpayer does not qualify for the just stated                   
          effective tax administration compromise on grounds of economic              
          hardship, and does not qualify for an offer-in-compromise due to            
          doubt as to either liability or collectibility, the regulations             
          also allow the Commissioner to compromise a tax liability to                
          promote effective tax administration when the taxpayer identifies           
          compelling considerations of public policy or equity.  See sec.             
          301.7122-1(b)(3)(ii), Proced. & Admin. Regs.                                
               Petitioners made their offer-in-compromise due to doubt as             
          to collectibility with special circumstances and to promote                 
          effective tax administration.  Petitioners reported on their Form           
          433-A that their reasonable collection potential was $140,462               
          (i.e., their assets’ total reported current value of $144,322 -             
          their $3,860 Buick LeSabre which was fully encumbered by debt).             
          Cochran determined petitioners’ reasonable collection potential             
          by way of alternative calculations.  Under each of those                    
          calculations, petitioners cannot fully pay their approximately              
          $400,000 tax liability and thus do not qualify for an offer-in-             
          compromise to promote effective tax administration.  See sec.               
          301.7122-1(b)(3), Proced. & Admin. Regs.; cf. Fargo v.                      
          Commissioner, 447 F.3d 706 (9th Cir. 2006) (taxpayers made an               
          offer-in-compromise to promote effective tax administration where           
          they had sufficient assets to pay their tax liability in full).             
          As to petitioners’ offer-in-compromise due to doubt as to                   






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