- 9 - and circumstances of the taxpayer’s case are considered and the taxpayer is permitted “to retain sufficient funds to pay basic living expenses.” Sec. 301.7122-1(c)(2), Proced. & Admin. Regs. The Internal Revenue Manual (IRM) contains guidelines for rejection of offers-in-compromise. IRM sec. 5.8.7.6(5) (Nov. 15, 2004), which respondent relied on in rejecting petitioner’s offer, states: An offer rejection may also be based on a determination that acceptance of the specific offer at hand is not in the "best interest of the government", per policy statement P-5-100. Rejections under this provision should not be routine and should be fully supported by the facts outlined in the rejection narrative. Offers rejected under this section require the review and approval of the second level manager; that is, Territory Manager for the field or Department Manager for COIC [Centralized Offers in Compromise]. Examples of situations that may warrant rejection as not being in the "best interest of the government" include: Recent compliance satisfies offer processability criteria, however the taxpayer has an egregious history of past non-compliance and our analysis of his current finances reveals that it will be highly unlikely the taxpayer will be able to remain in compliance during the offer terms. Policy statement P-5-100 (Jan. 30, 1992), on which the IRM relies, states: The Service will accept an offer in compromise when it is unlikely that the tax liability can be collected in full and the amount offered reasonably reflects collection potential. An offer in compromise is a legitimate alternative to declaring a case currently not collectible or to a protracted installment agreement. The goal is to achieve collection of what is potentially collectible at the earliest possible time and at the least cost to the Government.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011