- 23 - acceptance of petitioners’ offer-in-compromise would undermine voluntary compliance with tax laws by taxpayers in general. B. Public Policy and Equity Considerations 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 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 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, 447 F.3d 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’ counselPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011