Barry and Sherry Blondheim - Page 11

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               Section 6330(c)(2)(A)(iii) allows a taxpayer to offer to               
          compromise a Federal tax debt as a collection alternative to a              
          proposed levy.  Section 7122(c) authorizes the Commissioner to              
          prescribe guidelines to determine when a taxpayer’s offer-in-               
          compromise should be accepted.  The applicable regulations,                 
          section 301.7122-1(b), Proced. & Admin. Regs., list three grounds           
          on which the Commissioner may accept an offer-in-compromise of a            
          Federal tax debt.  These grounds are “Doubt as to liability”,               
          “Doubt as to collectibility”, and to “Promote effective tax                 
          administration”.  Sec. 301.7122-1(b)(1), (2), and (3), Proced. &            
          Admin. Regs.  Petitioners reported on their Form 433-A that they            
          had assets worth $1,388,757.  Cochran determined that                       
          petitioners’ reasonable collection potential (taking into account           
          their assets as well as future income) was $932,844.  Petitioners           
          can afford to pay their $298,003 tax liability in full and do not           
          argue that the liability is in doubt.  They seek to 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).             
               Petitioners argue that respondent was required to compromise           
          their tax liability to promote effective tax administration.  The           
          Commissioner may compromise a tax liability to promote effective            






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Last modified: May 25, 2011