- 25 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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