Donald Ertz - Page 32

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          the transaction at issue is participation in a tax shelter.                 
          Reducing the risks of participating in tax shelters would                   
          encourage more taxpayers to run those risks, thus undermining               
          rather than enhancing compliance with the tax laws.  See Barnes             
          v. Commissioner, supra.                                                     
               C.   Petitioner’s Other Arguments                                      
               1.   Compromise of Penalties and Interest in an Effective              
                    Tax Administration Offer-in-Compromise                            
               Petitioner advances a number of arguments focusing on his              
          assertion that respondent determined that penalties and interest            
          could not be compromised in an effective tax administration                 
          offer-in-compromise.  Petitioner argues that such a determination           
          is contrary to legislative history and is therefore an abuse of             
          discretion.  These arguments are not persuasive.                            
               The regulations under section 7122 provide that “If the                
          Secretary determines that there are grounds for compromise under            
          this section, the Secretary may, at the Secretary’s discretion,             
          compromise any civil * * * liability arising under the internal             
          revenue laws”.  Sec. 301.7122-1(a)(1), Proced. & Admin. Regs.  In           
          other words, the Secretary may compromise a taxpayer’s tax                  
          liability if he determines that grounds for a compromise exist.             
          If the Secretary determines that grounds do not exist, the amount           
          offered (or the way in which the offer is calculated) need not be           
          considered.                                                                 







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