Donald Ertz - Page 28

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               that TEFRA is unfair and that the liabilities accrued                  
               in large part due to the actions of the Tax Matters                    
               Partner (TMP) during the audit and litigation.  Neither                
               the operation of the TEFRA rules nor the TMP’s actions                 
               on behalf of the taxpayer provide grounds to compromise                
               under the equity provision of paragraph (b)(4)(i)(B) of                
               this section.  Compromise on those grounds would                       
               undermine the purpose of both the penalty and interest                 
               provisions at issue and the consistent settlement                      
               principles of TEFRA. * * *                                             
          1 Administration, Internal Revenue Manual (CCH), sec.                       
          5.8.11.2.2(3), at 16,378.  Ms. Cochran determined that                      
          petitioner’s case is similar to the example:                                
               Some of the most obvious similarities--the year, pretty                
               old, and that seems to match or correlate to the                       
               taxpayer’s circumstances, that this was a TEFRA                        
               proceeding, that an FPAA was issued, * * * They                        
               rejected a settlement offer that had been previous--                   
               that the IRS had previously made.  The taxpayers                       
               entered litigation for a number of years.  And--and                    
               that there were actions of the TMP that the taxpayer                   
               was raising issues of tax-motivated--TMP’s actions as                  
               one of his arguments.                                                  
          We agree with respondent that the example presents similar                  
          circumstances to those in petitioner’s case.  Ms. Cochran’s                 
          testimony accurately reflects those similarities.                           
               Petitioner is correct in asserting that not all the facts in           
          his case are present in the example.  However, it is unreasonable           
          to expect that facts in an example be identical to facts of a               
          particular case before the example can be relied upon.  The IRM             
          example was only one of many factors respondent considered.                 
          Given the similarities to petitioner’s case, respondent’s                   
          reliance on that example was not arbitrary or capricious.                   






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