- 8 - Cir. 2006). Petitioner has not raised any other issue that amounts to a challenge of the underlying tax liability. Where the validity of the underlying tax liability is not properly in dispute, we review the Commissioner’s determination for an abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181 (2000). Accordingly, we review respondent’s determination to proceed with collection of petitioner’s 1993, 1994, and 1995 tax liabilities for an abuse of discretion. An abuse of discretion has occurred if the “Commissioner exercised * * * [his] discretion arbitrarily, capriciously, or without sound basis in fact or law.” Woodral v. Commissioner, 112 T.C. 19, 23 (1999). II. Analysis Applied to Offers-in-Compromise “An accepted offer in compromise is properly analyzed as a contract between the parties.” Dutton v. Commissioner, 122 T.C. 133, 138 (2004). When reviewing whether the Commissioner abused his discretion in declaring a taxpayer in default on an OIC, our analysis is governed by “general principles of contract law.” Id. III. Parties’ Arguments The parties have focused their disputes in this case on two contentious--and familiar--issues. Petitioner urges that, when analyzing whether respondent abused his discretion by finding that petitioner defaulted on his OIC, we apply the “materialPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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