Daniel O. Abelein - Page 9

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          taxpayers with the tax laws.10  Sec. 301.7122-1(b)(3), Proced. &            
          Admin. Regs.                                                                
               Petitioner proposed an offer-in-compromise based on                    
          effective tax administration, arguing that exceptional                      
          circumstances existed such that collection of the full liability            
          would undermine public confidence that the tax laws are being               
          administered in a fair and equitable manner.  Respondent                    
          determined that petitioner’s offer-in-compromise did not meet the           
          criteria for an effective tax administration offer-in-compromise.           
               Because the underlying tax liability is not at issue, our              
          review under section 6330 is for abuse of discretion.  See Sego             
          v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner,            
          114 T.C. 176, 182 (2000).  This standard does not ask us to                 
          decide whether in our own opinion petitioner’s offer-in-                    
          compromise should have been accepted, but whether respondent’s              
          rejection of the offer-in-compromise was arbitrary, capricious,             
          or without sound basis in fact or law.  Woodral v. Commissioner,            
          112 T.C. 19, 23 (1999); Keller v. Commissioner, T.C. Memo. 2006-            
          166; Fowler v. Commissioner, T.C. Memo. 2004-163.                           



               10  The regulations also provide that the Secretary may                
          compromise a liability on the ground of effective tax                       
          administration when collection of the full liability will create            
          economic hardship.  See sec. 301.7122-1(b), Proced. & Admin.                
          Regs.  While petitioner disputes Ms. Cochran’s determination of             
          his reasonable collection potential, he does not argue that                 
          collection of the full liability would create economic hardship.            





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