Gordon and Ilene Freeman - Page 12

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          and interest which would otherwise apply.  Petitioners argue                
          that, because this is a longstanding case, respondent abused his            
          discretion by failing to accept their offer-in-compromise.                  
               Petitioners’ argument is essentially the same considered and           
          rejected by the Court of Appeals for the Ninth Circuit in Fargo             
          v. Commissioner, supra at 711-712.  See also Keller v.                      
          Commissioner, T.C. Memo. 2006-166; Barnes v. Commissioner, supra.           
          We reject petitioners’ argument for the same reasons stated by              
          the Court of Appeals.  We add that petitioners’ counsel                     
          participated in the appeal in Fargo as counsel for the amici.  On           
          brief, petitioners suggest that the Court of Appeals knowingly              
          wrote its opinion in Fargo in such a way as to distinguish that             
          case from the cases of counsel’s similarly situated clients                 
          (e.g., petitioners), and to otherwise allow those clients’                  
          liabilities for penalties and interest to be forgiven.  We do not           
          read the opinion of the Court of Appeals in Fargo to support that           
          conclusion.  See Keller v. Commissioner, supra; Barnes v.                   
          Commissioner, supra.                                                        
               Respondent’s rejection of petitioners’ longstanding case               
          argument was not arbitrary or capricious.                                   
               2.   The IRM Example                                                   
               Petitioners argue that respondent erred when he determined             
          that they were not entitled to relief based on the second example           
          in IRM section 5.8.11.2.2(3).  Petitioners assert that many of              






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