Will K. Ng - Page 8

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          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 “material                






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