Ronald W. Oman - Page 13

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          IRM sec. 5.8.7.6.1 or policy statement P-5-89 in the rejection              
          narrative.  Rather, respondent referenced IRM sec. 5.8.7.6(5) as            
          the reason for rejecting petitioner’s offer.                                
               Offers-in-compromise contain default provisions.  IRM sec.             
          5.19.7.3.20.5(1) (Feb. 1, 2004) provides that “Taxpayers must               
          agree to the future compliance provisions when offers are                   
          accepted.  The taxpayer must timely file all tax returns and pay            
          all taxes due during the compliance period.  The compliance                 
          period is five years from the acceptance date or until the offer            
          amount is paid in full, whichever is longer.”  It further                   
          provides “Failure to adhere to the compliance terms could result            
          in the default of the OIC and reinstatement of compromised                  
          liabilities.”  IRM sec. 5.19.7.3.20.5(4) (Feb. 1, 2004).  Form              
          656 Item 8(n) elaborates by providing that if the taxpayer                  
               fail[s] to meet any of the terms and conditions of the                 
               offer and the offer defaults, then the IRS may:                        
               -immediately file suit to collect the entire unpaid                    
               balance of the offer                                                   
               -immediately file suit to collect an amount equal to                   
               the original amount of the tax liability as liquidating                
               damages, minus any payment already received under the                  
               terms of this offer                                                    
               -disregard the amount of the offer and apply all                       
               amounts already paid under the offer against the                       
               original amount of the tax liability                                   
               -file suit or levy to collect the original amount of                   
               the tax liability, without further notice of any kind.                 







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