David L. Samuel - Page 20




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               The Appeals Case Determination takes the position that                 
          Appeals was not required to counteroffer petitioner’s offer-in-             
          compromise, but petitioner points out that 1 Administration,                
          Internal Revenue Manual (CCH), section 5.8.4.6., at 16,308,                 
          provides that in the course of processing the case, if the                  
          taxpayer’s offer must be increased in order to be recommended for           
          acceptance, the taxpayer must be contacted by letter or telephone           
          advising the taxpayer “to amend the offer to the acceptable                 
          amount”.  In the present case, petitioner should have been                  
          advised that instead of 100 percent of the dissipated assets,               
          totaling $133,158, an acceptable amount would be $133,158 less              
          $26,064 ($15,600 plus $5,000 plus $5,464), or $107,094.  Appeals’           
          failure to do so was an abuse of discretion, and we so hold.                
               Petitioner should be given the opportunity to revise his               
          offer-in-compromise to reflect the $107,094, referred to above.             
          However, since petitioner appears to lack any substantial assets            
          outside his medical practice which could provide a source for               
          paying any compromise amount, it is obvious, as previously                  
          observed, that any payments would come from his medical earnings.           
          The table prepared by Appeals, above, unquestionably reveals that           
          petitioner has ample income in excess of his $30,000 offer                  
          payable over 24 months.                                                     










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