- 2 - Joe Alfred Izen, Jr., for petitioners. Wesley J. Wong, for respondent. OPINION HOLMES, Judge: The Code encourages taxpayers to settle their differences with the IRS by compromise rather than litigation. One type of compromise is a compromise based on doubt as to liability, and that’s the kind that Peter and Karen Baltic offered to the IRS. But they made their offer just as the IRS was poised to begin seizing their property--and after they had had a chance to contest their liability in our court. Section 63301 says that taxpayers like the Baltics can’t challenge their “underlying tax liability.” The main question in this case-- which we’ve apparently never quite squarely answered--is whether their making an offer-in-compromise based on doubt as to liability (an OIC-DATL) is a challenge to the “underlying tax liability.” Background In February 2003, the Commissioner sent the Baltics a notice of deficiency saying they owed over $100,000 in income tax and penalties for 1999. The Baltics don’t dispute that they received 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008