Daniel O. Abelein - Page 11

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          brief, petitioner suggests that the Court of Appeals knowingly              
          wrote its opinion in Fargo in such a way as to distinguish that             
          case from the cases of counsel’s similarly situated clients                 
          (e.g., petitioner), and to otherwise allow those clients’                   
          liabilities for penalties and interest to be forgiven.  We do not           
          read the opinion of the Court of Appeals in Fargo to support that           
          conclusion.  See Keller v. Commissioner, supra; Barnes v.                   
          Commissioner, supra.                                                        
               Respondent’s rejection of petitioner’s longstanding case               
          argument was not arbitrary or capricious.                                   
               2.   The IRM Example                                                   
               Petitioner argues that respondent erred when he determined             
          that petitioner was not entitled to relief based on the second              
          example in IRM section 5.8.11.2.2(3).  Petitioner asserts that              
          many of the facts in this case were not present in the example,             
          and, therefore, any reliance on the example was misplaced.                  
          Petitioner’s argument is not persuasive.                                    
               IRM section 5.8.11.2.2(3) discusses effective tax                      
          administration offers-in-compromise based on equity and public              
          policy grounds and states in the second example:                            
               In 1983, the taxpayer invested in a nationally marketed                
               partnership which promised the taxpayer tax benefits                   
               far exceeding the amount of the investment.                            
               Immediately upon investing, the taxpayer claimed                       
               investment tax credits that significantly reduced or                   
               eliminated the tax liabilities for the years 1981                      
               through 1983.  In 1984, the IRS opened an audit of the                 
               partnership under the provisions of the Tax Equity and                 





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