Roger D. and Mary M. Catlow - Page 22

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          would have undermined voluntary compliance with tax laws by                 
          taxpayers in general.  The prospect that acceptance of an offer             
          will undermine compliance with the tax laws militates against its           
          acceptance whether the offer is predicated on promotion of                  
          effective tax administration or on doubt as to collectibility               
          with special circumstances.  See Rev. Proc. 2003-71, sec. 4.02,             
          2003-2 C.B. 517; see also IRM sec. 5.8.11.2.2.                              
               Fifth, petitioners argue that public policy demands that               
          their offer-in-compromise be accepted because they were victims             
          of fraud.  We disagree.  While the regulations do not set forth a           
          specific standard for evaluating an offer-in-compromise based on            
          claims of public policy or equity, the regulations contain two              
          illustrative examples.  See sec. 301.7122-1(c)(3)(iv), Examples             
          (1) and (2), Proced. & Admin. Regs.  The first example describes            
          a taxpayer who is seriously ill and unable to file income tax               
          returns for several years.  The second example describes a                  
          taxpayer who received erroneous advice from the Commissioner as             
          to the tax effect of the taxpayer’s actions.  Neither example               
          bears any resemblance to this case.  See Speltz v. Commissioner,            
          454 F.3d at 786.  Unlike the exceptional circumstances                      
          exemplified in the regulations, petitioners’ situation is neither           
          unique nor exceptional in that petitioners’ situation mirrors               
          that of numerous taxpayers who claimed tax shelter deductions in            
          the 1980s and 1990s, obtained the tax advantages, promptly forgot           
          about their “investment”, and now realize that paying their taxes           




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