Donald Ertz - Page 25

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          the backdrop of section 301.7122-1(b)(3)(iii), Proced. & Admin.             
          Regs.12  See Barnes v. Commissioner, T.C. Memo. 2006-150.  That             
          section requires that Ms. Cochran deny petitioner’s offer-in-               
          compromise if its acceptance would undermine voluntary compliance           
          with tax laws by taxpayers in general.  Thus, even if we were to            
          assume arguendo that petitioner would suffer economic hardship, a           
          finding that we decline to make, we would not find that Ms.                 
          Cochran’s rejection of petitioner’s offer-in-compromise was an              
          abuse of discretion.  As discussed below (in our discussion of              
          petitioner’s “equitable facts” argument), we conclude that                  
          acceptance of petitioner’s offer-in-compromise would undermine              
          voluntary compliance with tax laws by taxpayers in general.                 
               B.   Public Policy and Equity Considerations                           
               Petitioner asserts that “There are so many unique and                  
          equitable facts in this case that this case is an exceptional               
          circumstance” and respondent abused his discretion by not                   
          accepting those facts as grounds for an offer-in-compromise.  In            
          support of his assertion, petitioner argues:  (1) The                       
          longstanding nature of this case justifies acceptance of the                
          offer-in-compromise; (2) respondent’s reliance on an example in             

               12  The prospect that acceptance of an offer-in-compromise             
          will undermine compliance with the tax laws militates against its           
          acceptance whether the offer-in-compromise is predicated on                 
          promotion of effective tax administration or on doubt as to                 
          collectibility with special circumstances.  See Rev. Proc. 2003-            
          71, 2003-2 C.B. 517; IRM sec. 5.8.11.2.3; see also Barnes v.                
          Commissioner, T.C. Memo. 2006-150.                                          




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