Roy and Antonette Barnes - Page 21

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          no reason to disagree with the essence of Cochran’s determination           
          that petitioners’ health does not render them “incapable of                 
          earning a living”, nor have we reason to conclude that                      
          petitioners’ “financial resources will be exhausted providing for           
          care and support during the course of the condition”.12  Id.                
               We also are mindful that any decision by Cochran to accept             
          petitioners’ offer-in-compromise due to doubt of collectibility             
          with special circumstances must be viewed against the backdrop of           
          section 301.7122-1(b)(3)(iii), Proced. & Admin. Regs.  That                 
          section requires that Cochran deny petitioners’ offer if her                
          acceptance of it would undermine voluntary compliance with tax              
          laws by taxpayers in general.  Thus, even if we were to assume              
          arguendo that petitioners would suffer economic hardship, a                 
          finding that we emphasize we decline to make, we would not find             
          that Cochran’s rejection of petitioners’ offer was an abuse of              
          discretion because we conclude below (in our discussion of                  
          petitioners’ fifth argument) that her acceptance of that offer              
          would have undermined voluntary compliance with tax laws by                 


               12 We also note that the Court of Appeals for the Ninth                
          Circuit in Fargo v. Commissioner, 447 F.3d 706, 710 (9th Cir.               
          2006), affg. T.C. Memo. 2004-13, dismissed a similar claim of               
          economic hardship advanced by the taxpayers there.  Although                
          those taxpayers had more assets than petitioners, the court                 
          emphasized that a finding of economic hardship is within the                
          discretion of Appeals.  Under the facts at hand, we find no abuse           
          of discretion in Cochran’s determination that petitioners would             
          suffer no economic hardship were they required to pay more than             
          their $32,000 offer.                                                        




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