Roger and Lora Carter - Page 31

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          by other taxpayers.  A compromise on that basis would place the             
          Government in the unenviable role of an insurer against poor                
          business decisions by taxpayers, reducing the incentive for                 
          taxpayers to investigate thoroughly the consequences of                     
          transactions into which they enter.  It would be particularly               
          inappropriate for the Government to play that role here, where              
          the transaction at issue is participation in a tax shelter.                 
          Reducing the risks of participating in tax shelters would                   
          encourage more taxpayers to run those risks, thus undermining               
          rather than enhancing compliance with the tax laws.  See Barnes             
          v. Commissioner, supra.                                                     
          C.   Petitioners’ Other Arguments                                           
               1.   Compromise of Penalties and Interest in an Effective              
                    Tax Administration Offer-in-Compromise                            
               Petitioners advance a number of arguments focusing on their            
          assertion that respondent determined that penalties and interest            
          could not be compromised in an effective tax administration                 
          offer-in-compromise.  Petitioners argue that such a determination           
          is contrary to legislative history and is therefore an abuse of             
          discretion.  These arguments are not persuasive.                            
               The regulations under section 7122 provide that “If the                
          Secretary determines that there are grounds for compromise under            
          this section, the Secretary may, at the Secretary’s discretion,             
          compromise any civil * * * liability arising under the internal             
          revenue laws”.  Sec. 301.7122-1(a)(1), Proced. & Admin. Regs.  In           





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