- 14 - The Secretary may compromise a tax liability on the ground of effective tax administration when: (1) Collection of the full liability will create economic hardship; or (2) exceptional circumstances exist such that collection of the full liability would undermine public confidence that the tax laws are being administered in a fair and equitable manner; and (3) compromise of the liability would not undermine compliance by taxpayers with the tax laws. Sec. 301.7122-1(b)(3), Proced. & Admin. Regs. Petitioners proposed an offer-in-compromise based alternatively on doubt as to collectibility, doubt as to collectibility with special circumstances, or effective tax administration. Petitioners formally offered to pay $40,413 to compromise their outstanding tax liabilities for 1987 through 1995 and later increased their offer amount to $150,000.10 Respondent determined that petitioners abandoned their doubt as to collectibility with special circumstances and effective tax administration arguments and that, because they had the ability to pay the currently assessed tax in full, they are not entitled to an offer-in-compromise based on doubt as to collectibility. 10 The proposed collection action related to petitioners’ outstanding tax liability for 1987-90 only. However, petitioners also sought to compromise their outstanding tax liability for 1991-95. The total assessed amount for 1987-95 is not in the record, and, therefore, no reliable comparison can be made between the offer amount and the amount assessed.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011