Wayne Allen Mootz - Page 30




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               will be responsible for initiating the first specific                  
               proposal for compromise.                                               
               The success of the offer in compromise program will be                 
               assured only if taxpayers make adequate compromise                     
               proposals consistent with their ability to pay and the                 
               Service makes prompt and reasonable decisions.  Taxpay-                
               ers are expected to provide reasonable documentation to                
               verify their ability to pay.  The ultimate goal is a                   
               compromise which is in the best interest of both the                   
               taxpayer and the government.  Acceptance of an adequate                
               offer will also result in creating for the taxpayer an                 
               expectation of a fresh start toward compliance with all                
               future filing and payment requirements.                                
                    (2) Offers will not be accepted if it is believed                 
               that the liability can be paid in full as a lump sum or                
               through installment payments extending through the                     
               remaining statutory period for collection (CSED),                      
               unless special circumstances exist.  See IRM 5.14,                     
               Installment Agreements.                                                
                    (3) Absent special circumstances, a Doubt as to                   
               Collectibility (DATC) offer amount must equal or exceed                
               a taxpayers [sic] reasonable collection potential (RCP)                
               in order to be considered for acceptance.  The excep-                  
               tion is that if special circumstances[10] exist as de                  

               10The special circumstances referred to in part 5.8.1.1.3 of           
          the IRM and sec. 4.02(2) of Revenue Procedure 2003-71 (discussed            
          below) are                                                                  
               (1) circumstances demonstrating that the taxpayer would                
               suffer economic hardship if the IRS were to collect                    
               from him an amount equal to the reasonable collection                  
               potential of the case or (2) if no demonstration of                    
               such suffering can be made, circumstances justifying                   
               acceptance of an amount less than the reasonable col-                  
               lection potential of the case based on public policy or                
               equity considerations.  IRM pt. 5.8.4.3.4 (Sept. 1,                    
               2005) (Effective Tax Administration and Doubt as to                    
               Collectibility with Special Circumstances).  To demon-                 
               strate that compelling public policy or equity consid-                 
               erations justify a compromise, the taxpayer must be                    
               able to demonstrate that, due to exceptional circum-                   
               stances, collection of the full liability would under-                 
                                                             (continued...)           






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