Gordon and Ilene Freeman - Page 11

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               Because the underlying tax liability is not at issue, our              
          review under section 6330 is for abuse of discretion.  See Sego             
          v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner,            
          114 T.C. 176, 182 (2000).  This standard does not ask us to                 
          decide whether in our own opinion petitioners’ offer-in-                    
          compromise should have been accepted, but whether respondent’s              
          rejection of the offer-in-compromise was arbitrary, capricious,             
          or without sound basis in fact or law.  Woodral v. Commissioner,            
          112 T.C. 19, 23 (1999); Keller v. Commissioner, T.C. Memo. 2006-            
          166; Fowler v. Commissioner, T.C. Memo. 2004-163.                           
          A.   Exceptional Circumstances                                              
               Petitioners assert 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 their assertion, petitioners argue:  (1) The                     
          longstanding nature of this case justifies acceptance of the                
          offer-in-compromise; (2) respondent’s reliance on an example in             
          the Internal Revenue Manual (IRM) was improper; and (3)                     
          respondent failed to consider petitioners’ other “equitable                 
          facts”.                                                                     
               1.   Longstanding Case                                                 
               Petitioners assert that the legislative history requires               
          respondent to resolve “longstanding” cases by forgiving penalties           






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