Roger and Lora Carter - Page 13

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               The Secretary may compromise a tax liability based on doubt            
          as to collectibility where the taxpayer’s assets and income are             
          less than the full amount of the assessed liability.  Sec.                  
          301.7122-1(b)(2), Proced. & Admin. Regs.  Generally, under the              
          Commissioner’s administrative pronouncements, an offer-in-                  
          compromise based on doubt as to collectibility will be acceptable           
          only if it reflects the taxpayer’s reasonable collection                    
          potential.  Rev. Proc. 2003-71, sec. 4.02(2), 2003-2 C.B. 517,              
          517.  In some cases, the Commissioner will accept an offer of               
          less than the reasonable collection potential if there are                  
          “special circumstances”.  Id.  Special circumstances are:  (1)              
          Circumstances demonstrating that the taxpayer would suffer                  
          economic hardship if the IRS were to collect from him an amount             
          equal to the reasonable collection potential; or (2)                        
          circumstances justifying acceptance of an amount less than the              
          reasonable collection potential of the case based on public                 
          policy or equity considerations.  See Internal Revenue Manual               
          (IRM) sec. 5.8.4.3(4).  However, in accordance with the                     
          Commissioner’s guidelines, an offer-in-compromise based on doubt            
          as to collectibility with special circumstances should not be               
          accepted if the taxpayer does not offer an acceptable amount.               
          See IRM sec. 5.8.11.2.1(11) and .2(12).                                     
               The Secretary may also compromise a tax liability on the               
          ground of effective tax administration when:  (1) Collection of             






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