William H. and Jo Anne Lindley - Page 17

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          administration arguments, we would not find that Mr. Owens abused           
          his discretion by rejecting petitioners’ offer-in-compromise.  An           
          offer-in-compromise based on doubt as to collectibility with                
          special circumstances or effective tax administration must be               
          viewed against the backdrop of section 301.7122-1(b)(3)(iii),               
          Proced. & Admin. Regs.11  See Barnes v. Commissioner, T.C. Memo.            
          2006-150.  That section requires that Mr. Owens deny petitioners’           
          offer-in-compromise if its acceptance would undermine voluntary             
          compliance with tax laws by taxpayers in general.                           
               Compromising petitioners’ case on grounds of public policy             
          or equity would not enhance voluntary compliance by other                   
          taxpayers.  Instead, it would place the Government in the                   
          unenviable role of an insurer against poor business decisions by            
          taxpayers, reducing the incentive for taxpayers to investigate              
          thoroughly the consequences of transactions into which they                 
          enter.  It would be particularly inappropriate for the Government           
          to play that role here, where the transaction at issue is                   
          participation in a tax shelter.  Reducing the risks of                      
          participating in tax shelters would encourage more taxpayers to             


               11  The prospect that acceptance of an offer-in-compromise             
          will undermine compliance with the tax laws militates against its           
          acceptance whether the offer-in-compromise is predicated on                 
          promotion of effective tax administration or on doubt as to                 
          collectibility with special circumstances.  See Rev. Proc. 2003-            
          71, 2003-2 C.B. 517; IRM sec. 5.8.11.2.2; see also Barnes v.                
          Commissioner, T.C. Memo. 2006-150.                                          





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