Franklin and Janetta Hubbart - Page 22

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          relationship to petitioners’ ability to pay based on their own              
          calculations.                                                               
               3.   Encouraging Voluntary Compliance With the Tax Laws                
               We are also mindful that any decision by Ms. Cochran to                
          accept petitioners’ offer-in-compromise due to doubt as to                  
          collectibility with special circumstances or effective tax                  
          administration based on economic hardship must be viewed against            
          the backdrop of section 301.7122-1(b)(3)(iii), Proced. & Admin.             
          Regs.10  See Barnes v. Commissioner, T.C. Memo. 2006-150.  That             
          section requires that Ms. Cochran deny petitioners’ offer-in-               
          compromise if its acceptance would undermine voluntary compliance           
          with tax laws by taxpayers in general.  Thus, even if we were to            
          assume arguendo that petitioners would suffer economic hardship,            
          a finding that we decline to make, we would not find that Ms.               
          Cochran’s rejection of petitioners’ offer-in-compromise was an              
          abuse of discretion.  As discussed below (in our discussion of              
          petitioners’ “equitable facts” argument), we conclude that                  






               10  The prospect that acceptance of an offer-in-compromise             
          will undermine compliance with the tax laws militates against its           
          acceptance whether the offer-in-compromise is predicated on                 
          promotion of effective tax administration or on doubt as to                 
          collectibility with special circumstances.  See Rev. Proc. 2003-            
          71, 2003-2 C.B. 517; IRM sec. 5.8.11.2.2; see also Barnes v.                
          Commissioner, T.C. Memo. 2006-150.                                          




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