- 9 - the notice states: “the taxpayers’ Effective Tax Administration offer proposal fails to meet the criteria for such consideration under Internal Revenue Manual 5.8.11.2.2 * * * [and], therefore, cannot be considered further.” The notice further states as to Cochran’s balancing of efficient collection with the legitimate concerns of taxpayers that The taxpayers’ concerns about the proposed collection action generally fall into two areas: (1) pending litigation (the interest abatement case) and (2) a viable collection alternative in the form of their $90,258 offer in compromise. The Settlement Officer has balanced the taxpayers’ first area of concern by withholding further collection activity regarding [sic] such time as the pending interest abatement case regarding 1989 (for the accrued interest still unpaid) or the pending TEFRA penalty case regarding 1989 (for the accrued failure to pay penalty) is decided. With respect to the taxpayers’ second area of concern, the Settlement Officer has evaluated the taxpayers’ $90,258 offer to compromise the underlying liabilities as a collection alternative to the proposed levy action. Based on that evaluation, the taxpayers’ offer of $90,258 could not be recommended for acceptance, and therefore cannot be considered as a collection alternative. The notice states that petitioners have neither offered an argument nor cited any authority to permit Appeals to deviate from the provisions of the IRM. As to petitioners’ claim at the hearing for an interest abatement, Cochran ascertained that petitioners had filed the case in this Court seeking an abatement of interest under section 6404(e) for 1989. Cochran stated in the notice of determinationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011