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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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