- 7 - a collection alternative that a taxpayer may raise at the hearing. We have, however, already come very close to holding that OIC-DATLs are a prohibited challenge to the underlying tax liability. In Hajiyani v. Commissioner, T.C. Memo. 2005-198, we wrote in a footnote that an OIC-DATL “would address the merits of the underlying liability. Since petitioner is precluded from questioning the underlying liabilities, his offer would not provide him any relief....” But the Baltics are right in noting that Hajiyani--in the text--held that the Commissioner was justified in not considering an OIC-DATL because the taxpayers hadn’t even submitted one before the notice of determination came out. The same is true of the taxpayers in Jones v. Commissioner, T.C. Memo. 2007-142, and in Kindred v. Commissioner, 454 F.3d 688, 696 (7th Cir. 2006) (affirming an unpublished order granting the Commissioner summary judgment). We’ve also held that the Commissioner didn’t abuse his discretion in rejecting an OIC-DATL where the underlying tax liability was previously stipulated in a Tax Court decision, because a stipulated tax liability can’t validly be considered a “doubtful liability” under the applicable regulation. Sec. 301.7122-1(b)(1), Proced. & Admin. Regs.; Oyer v. Commissioner, T.C. Memo. 2003-178, affd. 97 Fed. Appx. 68 (8th Cir. 2004). We recognize that the Baltics’ case is a bit different. They plausibly distinguished their situation from cases likePage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008