- 2 -
for decision is whether respondent’s determination to proceed
with collection was an abuse of discretion.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.2
The stipulation of facts and the attached exhibits are
incorporated herein by this reference. At the time he filed his
petition, petitioner lived in San Francisco, California. As of
February 29, 2000, petitioner owed income taxes and additions to
tax for 1993, 1994, and 1995 of $113,417.14, $24,228.67, and
$18,789.03, respectively. On January 18, 2000, petitioner filed
a Form 656, Offer in Compromise (OIC), with respondent. On his
OIC, petitioner proposed to settle his 1993, 1994, and 1995 tax
liabilities with a cash payment of $83,779. Petitioner submitted
his OIC on the grounds of doubt as to collectibility. The OIC
stated (in relevant part):
Item 8 - By submitting this offer, I/we understand and
agree to the following conditions:
* * * * * * *
(d) I/we will comply with all provisions of the
Internal Revenue Code relating to filing my/our
returns and paying my/our required taxes for 5
years or until the offered amount is paid in full,
whichever is longer.
2 The parties initially stipulated that petitioner’s 1993
tax liability was satisfied by the payment petitioner submitted
with his offer-in-compromise. In their briefs, the parties agree
that this is incorrect. Pursuant to Rule 91(e), we do not treat
that portion of the stipulation as a conclusive admission by
either party.
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