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Petitioners offered to pay only $25,000 to compromise their
outstanding tax liability, which they estimated to be $255,254.
In some situations, respondent may accept an offer-in-compromise
of less than petitioners’ reasonable collection potential.
However, given all other considerations discussed herein, we do
not believe that Ms. Cochran abused her discretion by rejecting
an offer-in-compromise that was only 10 percent of petitioners’
outstanding tax liability and that bore no relationship to their
ability to pay based on their own calculations.
3. Encouraging Voluntary Compliance With the Tax Laws
We are also mindful that any decision by Ms. Cochran to
accept petitioners’ offer-in-compromise due to doubt as to
collectibility with special circumstances or effective tax
administration based on economic hardship must be viewed against
the backdrop of section 301.7122-1(b)(3)(iii), Proced. & Admin.
Regs.12 See Barnes v. Commissioner, T.C. Memo. 2006-150. That
section requires that Ms. Cochran deny petitioners’ offer-in-
compromise if its acceptance would undermine voluntary compliance
with tax laws by taxpayers in general. Thus, even if we were to
assume arguendo that petitioners would suffer economic hardship,
12 The prospect that acceptance of an offer-in-compromise
will undermine compliance with the tax laws militates against its
acceptance whether the offer-in-compromise is predicated on
promotion of effective tax administration or on doubt as to
collectibility with special circumstances. See Rev. Proc. 2003-
71, 2003-2 C.B. 517; IRM sec. 5.8.11.2.3; see also Barnes v.
Commissioner, T.C. Memo. 2006-150.
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