Roger and Lora Carter - Page 32

                                       - 32 -                                         
          other words, the Secretary may compromise a taxpayer’s tax                  
          liability if he determines that grounds for a compromise exist.             
          If the Secretary determines that grounds do not exist, the amount           
          offered (or the way in which the offer is calculated) need not be           
          considered.                                                                 
               Petitioners’ arguments regarding the compromise of penalties           
          and interest do not relate to whether there are grounds for a               
          compromise.  Instead, these arguments go to whether the amount              
          petitioners offered to compromise their tax liability was                   
          acceptable.  As addressed above, respondent’s determination that            
          the facts and circumstances of petitioners’ case did not warrant            
          acceptance of their offer-in-compromise was not arbitrary or                
          capricious and was thus not an abuse of discretion.  Because no             
          grounds for compromise exist, we need not address whether                   
          respondent can or should compromise penalties and interest in an            
          effective tax administration offer-in-compromise.  See Keller v.            
          Commissioner, supra.                                                        
               2.   Information Sufficient for the Court To Review                    
                    Respondent’s Determination                                        
               Petitioners argue that respondent failed to provide the                
          Court with sufficient information “so that this Court can conduct           
          a thorough, probing, and in-depth review of respondent’s                    
          determinations.”  Petitioners’ argument is without merit.                   
               Generally, a taxpayer bears the burden of proving the                  
          Commissioner’s determinations incorrect.  Rule 142(a)(1); Welch             





Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011