Donald and Yvonne Clayton - Page 16

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          Circuit in Fargo v. Commissioner, 447 F.3d at 711-712.  We do               
          likewise here for the same reasons stated in that opinion.                  
          Accord Barnes v. Commissioner, T.C. Memo. 2006-150.  We add that            
          petitioners’ counsel participated in the appeal in Fargo v.                 
          Commissioner, supra, as counsel for the amici.  While petitioners           
          in their brief suggest that the Court of Appeals for the Ninth              
          Circuit knowingly wrote its opinion in Fargo in such a way as to            
          distinguish that case from the cases of counsel’s similarly                 
          situated clients (e.g., petitioners), and otherwise to allow                
          those clients to receive an abatement of their liability                    
          attributable to partnerships such as those here, we do not read             
          the opinion of the Court of Appeals for the Ninth Circuit in                
          Fargo to support that conclusion.                                           
               Second, petitioners argue that Cochran inadequately                    
          considered their unique facts and circumstances.  We disagree.              
          Cochran reviewed and considered all information given to her by             
          petitioners.  On the basis of the facts and circumstances of                
          petitioners’ case as they had been presented to her, Cochran                
          determined that petitioners’ offer did not meet the applicable              
          guidelines for acceptance of an offer-in-compromise to promote              
          effective tax administration based on economic hardship or public           
          policy or equity grounds.  We find no abuse of discretion in that           
          determination.                                                              







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