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A qualified offer is defined in section 7430(g)(1) as a
written offer which:
(A) is made by the taxpayer to the United States
during the qualified offer period;
(B) specifies the offered amount of the taxpayer’s
liability (determined without regard to interest);
(C) is designated at the time it is made as a
qualified offer for purposes of this section; and
(D) remains open during the period beginning on
the date it is made and ending on the earliest of the
date the offer is rejected, the date the trial begins,
or the 90th day after the date the offer is made.
Section 301.7430-7(c)(3), Proced. & Admin. Regs., provides that a
qualified offer “specifies the offered amount if it clearly
specifies the amount for the liability of the taxpayer * * * .
The offer may be a specific dollar amount of the total liability
or a percentage of the adjustments at issue in the proceeding at
the time the offer is made.” Additionally, “This amount must be
with respect to all of the adjustments at issue in the
administrative or court proceeding at the time the offer is made
and only those adjustments.” Id. Finally, the specified amount
“must be an amount, the acceptance of which by the United States
will fully resolve the taxpayer’s liability, and only that
liability * * * for the type or types of tax and the taxable year
or years at issue in the proceeding.” Id.
Respondent argues that petitioner’s offer does not clearly
specify the offered amount for petitioner’s liability because it
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Last modified: May 25, 2011