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$42,873.24 was paid by petitioner in restitution to the IRS as
part of the resolution of his criminal case. A review of the
pre-sentence investigation report shows that the amounts for
which petitioner was required to pay restitution are the very
same adjustments at issue in this case, including, for instance,
the commissions relating to petitioner’s sale of real estate,
payments by Taxman for petitioner’s furniture, and the sale of
petitioner’s crop hail insurance business. Accordingly, we
reject respondent’s contention that the $42,873.24 represents an
adjustment not at issue.
Finally, respondent argues that petitioner’s offer fails
because it would not fully resolve petitioner’s liability, and
only that liability, for the type or types of taxes and the
taxable year or years in the proceeding required by section
301.7430-7(c)(3), Proced. & Admin. Regs. In the offer letter,
petitioner’s counsel writes of the $12,000 amount that “the
additional liability would be allocated in the following amounts:
$5,000 to the 1991 tax year; $1,000 for the 1992 tax year; $1,000
for the 1993 tax year, and $5,000 to the 1994 tax year.” The
problem with this attempted allocation is that the 1994 tax year
was not at issue. However, looking at this allocation in its
context, we find that the inclusion of the 1994 tax year was
nothing more than a typographical error of petitioner’s counsel.
The preceding sentence clearly indicates that the $12,000 was to
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