Roger and Lora Carter - Page 27

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               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.                                                              




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