Daniel O. Abelein - Page 14

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          (3) Hoyt’s criminal conviction; (4) Hoyt’s fraud on petitioner;             
          and (5) other letters and cases.  The basic thrust of                       
          petitioner’s argument is that he was defrauded by Hoyt and that,            
          if he were held responsible for penalties and interest incurred             
          as a result of their investment in a tax shelter, it would be               
          inequitable and against public policy.  Petitioner’s argument is            
          not persuasive.                                                             
               While the regulations do not set forth a specific standard             
          for evaluating an offer-in-compromise based on claims of public             
          policy or equity, the regulations contain two examples.  See sec.           
          301.7122-1(c)(3)(iv), Examples (1) and (2), Proced. & Admin.                
          Regs.  The first example describes a taxpayer who is seriously              
          ill and unable to file income tax returns for several years.  The           
          second example describes a taxpayer who received erroneous advice           
          from the Commissioner as to the tax effect of the taxpayer’s                
          actions.  Neither example bears any resemblance to this case.               
          Unlike the exceptional circumstances exemplified in the                     
          regulations, petitioner’s situation is neither unique nor                   
          exceptional in that his situation mirrors those of numerous other           
          taxpayers who claimed tax shelter deductions in the 1980s and               
          1990s.  See Keller v. Commissioner, T.C. Memo. 2006-166; Barnes             
          v. Commissioner, T.C. Memo. 2006-150.                                       
               Of course, the examples in the regulations are not meant to            
          be exhaustive, and petitioner has a more sympathetic case than              






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