- 9 - these possible future expenses are general projections from the taxpayers’ representative and may never, in fact, be incurred. The present offer, therefore, must be considered within the framework of present facts. The taxpayers have an ability to pay substantially more than the amount being offered, as per the guidelines of Internal Revenue Manual 5.8.5.3.1. The taxpayers’ circumstances have been documented and considered but are insufficient to permit acceptance of an offer amount that is 18% of the RCP [reasonable collection potential] ($35,000/$193,438). As to petitioners’ offer-in-compromise to promote effective tax administration, the notice states: Analysis of the taxpayers’ finances shows that the taxpayers’ equity in assets plus present and future income are less than the assessed amounts to be compromised. The taxpayers, therefore, fail to meet the requirements for consideration of an offer in compromise based on Effective Tax Administration, as per the guidelines of Internal Revenue Manual 5.8.11.1(3). The notice further states as to Cochran’s balancing of efficient collection with the legitimate concerns of taxpayers that The taxpayers’ concerns about the proposed collection action generally fall within two areas: (1) pending litigation (the innocent spouse case and the interest abatement case) and (2) a viable collection alternative in the form of their $35,000 offer in compromise. The Settlement Officer has balanced the taxpayers’ first area of concern by researching both cases. The Settlement Officer confirmed that on February 25, 2005 a stipulation has [sic] been entered into [sic] Tax Court regarding the taxpayer-wife’s innocent spouse case. In that stipulation, with [sic] the taxpayer- wife conceding [sic] that she is not entitled to relief under IRC � 6015(b), (c), or (f), and that she waives the restrictions of IRC � 6015(e)(1)(B)(i). The Settlement Officer also researched the taxpayers’ interest abatement case and was unable to locate evidence that this case has been considered by IRS toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011