- 27 - the partnership’s activities lacked economic substance. The taxpayer has now offered to compromise all the penalties and interest on terms more favorable than those contained in the prior settlement offer, arguing that TEFRA is unfair and that the liabilities accrued in large part due to the actions of the Tax Matters Partner (TMP) during the audit and litigation. Neither the operation of the TEFRA rules nor the TMP’s actions on behalf of the taxpayer provide grounds to compromise under the equity provision of paragraph (b)(4)(i)(B) of this section. Compromise on those grounds would undermine the purpose of both the penalty and interest provisions at issue and the consistent settlement principles of TEFRA. * * * 1 Administration, Internal Revenue Manual (CCH), sec. 5.8.11.2.2(3), at 16,378. Ms. Cochran determined that petitioners’ case is similar to the example: It’s similar to the case at hand in that it involved old periods, 1983 periods. It’s similar in the sense that * * * it was a TEFRA proceedings [sic] involving an audit of a partnership. The taxpayer was offered and rejected a settlement officer [sic] from IRS. After several years of litigation, the partnership ended up in Tax Court. * * * FPAAs were issued. The taxpayer now offered to compromise all the penalties and interest on terms more favorable than those originally contained in the settlement offer17 and that there--the taxpayer raised issues about the TMP’s actions on behalf of the taxpayer. We agree with Ms. Cochran that the example presents circumstances similar to those in petitioners’ case. Petitioners are correct in asserting that not all of the facts in their case are present in the example. However, it is 17 Mr. Carter testified that they received a settlement offer from respondent in or around 1990. Mr. Carter could not remember the details of the settlement offer, nor was the offer in the record.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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