Gordon and Ilene Freeman - Page 10

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          taxpayers with the tax laws.12  Sec. 301.7122-1(b)(3), Proced. &            
          Admin. Regs.                                                                
               Petitioners proposed an offer-in-compromise based on                   
          effective tax administration.  Petitioners offered to pay                   
          $346,258 to compromise their outstanding tax liabilities for 1980           
          through 1996, which totaled $750,740 at the time of the section             
          6330 hearing.13  Petitioners argued that exceptional                        
          circumstances existed such that collection of the full liability            
          would undermine public confidence that the tax laws are being               
          administered in a fair and equitable manner.  Respondent                    
          determined that petitioners’ reasonable collection potential was            
          $1,287,552 and that their offer-in-compromise did not meet the              
          criteria for an effective tax administration offer-in-compromise.           



               12  The regulations also provide that the Secretary may                
          compromise a liability on the ground of effective tax                       
          administration when collection of the full liability will create            
          economic hardship.  See sec. 301.7122-1(b), Proced. & Admin.                
          Regs.  Respondent determined that petitioners were not entitled             
          to an offer-in-compromise based on economic hardship.  While                
          petitioners dispute Ms. Cochran’s determination of their                    
          reasonable collection potential, they do not argue that                     
          collection of the full liability would create economic hardship.            
               13  The proposed collection action related to petitioners’             
          outstanding tax liability for 1980-85, 1989, and 1990 only.                 
          Petitioners estimated that their outstanding tax liability for              
          those periods was $474,655.  However, petitioners sought to                 
          compromise their outstanding tax liability for not only those               
          periods, but also for 1986-88 and 1991-96.  To accurately compare           
          their offer amount to their outstanding tax liability, we must              
          therefore consider the total assessed amount for 1980-96, and not           
          for only 1980-85, 1989 and 1990.                                            





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