- 10 - decided. The notice concluded petitioner’s $102,000 offer-in- compromise was not an adequate collection alternative to the proposed levy because petitioner had the ability to pay $448,762. The notice, citing Internal Revenue Manual (IRM) sections 5.8.11.2.1 and 5.8.11.2.2, stated that petitioner’s offer did not meet the Commissioner’s guidelines for consideration as an offer-in-compromise to promote effective tax administration. Specifically, the notice stated: Considered under economic hardship, the taxpayer has the ability to pay all assessed amounts and still have assets remaining with equity worth over $200,000 in addition to an income stream of over $350,000. The taxpayer’s representative contended that the taxpayer was being evaluated for possible disability. The Settlement Officer noted, however, that no actual disability has been documented to date. The present offer, therefore, must be considered within the framework of present facts. As such, the taxpayer failed to document economic hardship with or without special circumstances, in accordance with Internal Revenue Manual 5.8.11.2.1. When considered under public policy or equity grounds, the taxpayer’s Effective Tax Administration offer proposal fails to meet the criteria for such consideration under Internal Revenue Manual 5.8.11.2.2. For the reasons set forth in No. 1 above, the taxpayer’s offer as an Effective Tax Administration offer based on public policy or equity grounds, therefore, cannot be considered. In response to the notice of determination, petitioner filed his petition with this Court on January 19, 2005.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011