Roger D. and Mary M. Catlow - Page 18

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          brief suggest that the Court of Appeals for the Ninth Circuit               
          knowingly wrote its opinion in Fargo in such a way as to                    
          distinguish that case from the cases of counsel’s similarly                 
          situated clients (e.g., petitioners), and otherwise to allow                
          those clients to receive an abatement of their liability                    
          attributable to partnerships such as those here, we do not read             
          the opinion of the Court of Appeals for the Ninth Circuit in                
          Fargo to support that conclusion.                                           
               Third, petitioners argue that Cochran inadequately                     
          considered their unique facts and circumstances.  We disagree.              
          Cochran reviewed and considered all information given to her by             
          petitioners.  On the basis of the facts and circumstances of                
          petitioners’ case as they had been presented to her, Cochran                
          determined that petitioners’ offer did not meet the applicable              
          guidelines for acceptance of an offer-in-compromise due to doubt            
          as to collectibility with special circumstances or to promote               
          effective tax administration.  We find no abuse of discretion in            
          that determination.  Nor do we find that Cochran inadequately               
          considered the information actually given to her by petitioners.            
          In fact, Cochran computed petitioners’ future income potential by           
          using the same income figures that petitioners reported on their            
          Form 433-A, and the reported item of income was a type of                   
          retirement income that could reasonably be expected to remain               
          constant over the next 48 months.  The record also shows that               






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