Franklin and Janetta Hubbart - Page 12

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          Government’s interest in petitioners’ assets until their                    
          outstanding tax liabilities are satisfied.                                  
               In response to the notice of determination, petitioners                
          filed a petition with this Court on October 4, 2004.                        
                                       OPINION                                        
               Section 7122(a) provides that “The Secretary may compromise            
          any civil * * * case arising under the internal revenue laws”.              
          Whether to accept an offer-in-compromise is left to the                     
          Secretary’s discretion.  Fargo v. Commissioner, 447 F.3d 706, 712           
          (9th Cir. 2006), affg. T.C. Memo. 2004-13; sec. 301.7122-1(c)(1),           
          Proced. & Admin. Regs.                                                      
               The regulations under section 7122(a) set forth three                  
          grounds for the compromise of a tax liability:  (1) Doubt as to             
          liability; (2) doubt as to collectibility; or (3) promotion of              
          effective tax administration.  Sec. 301.7122-1(b), Proced. &                
          Admin. Regs.  Doubt as to liability is not at issue in this                 
          case.8                                                                      
               The Secretary may compromise a tax liability based on doubt            
          as to collectibility where the taxpayer’s assets and income are             
          less than the full amount of the assessed liability.  Sec.                  
          301.7122-1(b)(2), Proced. & Admin. Regs.  Generally, under the              
          Commissioner’s administrative pronouncements, an offer-in-                  

               8  While petitioners disputed their liability for sec.                 
          6621(c) interest, see supra note 2, they did not raise doubt as             
          to liability as a grounds for compromise.                                   




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