Donald Ertz - Page 31

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          2004-279; Van Scoten v. Commissioner, 439 F.3d 1243 (10th Cir.              
          2006), affg. T.C. Memo. 2004-275.                                           
               Ms. Cochran testified that she considered all of Ms.                   
          Merriam’s and petitioner’s assertions, including the numerous               
          letters and exhibits.  Nevertheless, Ms. Cochran determined that            
          petitioner did not qualify for an offer-in-compromise.                      
               The mere fact that petitioner’s “equitable facts” did not              
          persuade respondent to accept petitioner’s offer-in-compromise              
          does not mean that those assertions were not considered.  The               
          notice of determination and Ms. Cochran’s testimony demonstrate             
          respondent’s clear understanding and careful consideration of the           
          facts and circumstances of petitioner’s case.  We find that                 
          respondent’s determination that the “equitable facts” did not               
          justify acceptance of petitioner’s offer-in-compromise was not              
          arbitrary or capricious, and thus it was not an abuse of                    
          discretion.                                                                 
               We also find that compromising petitioner’s case on grounds            
          of public policy or equity would not enhance voluntary compliance           
          by other taxpayers.  A compromise on that basis would place the             
          Government in the unenviable role of an insurer against poor                
          business decisions by taxpayers, reducing the incentive for                 
          taxpayers to investigate thoroughly the consequences of                     
          transactions into which they enter.  It would be particularly               
          inappropriate for the Government to play that role here, where              






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