- 15 - Installment Agreement by not making the monthly payments he had offered. Such noncompliance hardly inspires the Court to find that petitioner’s late payment of his 2002 taxes did not form adequate grounds upon which to find him in default of his OIC. Indeed, consideration of petitioner’s testimony would only bolster the conclusions that his breach was material and that there was no “excuse of conditions” because reinstatement of his original tax liability would not work a disproportionate forfeiture upon him. At trial, petitioner admitted that the terms of the OIC were explained to him by his tax advisers when he entered into the compromise. Petitioner also admitted that he realized a capital gain of $416,895 upon the sale of his home in December 2002. Even after purchasing a new home and remodeling it, petitioner admitted he had slightly over $100,000 in cash with which to satisfy his 2002 tax liability. Under such circumstances, petitioner’s late payment of his 2002 taxes seems to be exactly the sort of “evasion of the spirit of the bargain, lack of diligence and slacking off, [and/or] willful rendering of imperfect performance” that typifies a failure of good faith performance and therefore indicates a material breach. See 2 Restatement, supra sec. 205 cmt. d. Accordingly, we need not decide herein whether we may consider evidence beyond the administrative record.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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