Martin and Sharon Smith - Page 16




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          their financial status and acceptance of the offer would                    
          undermine compliance with the tax laws by taxpayers in general.             
          She determined that petitioners’ offer to pay $11,552 was                   
          unacceptable because they had the financial wherewithal to pay              
          more than that amount.  Driver’s ultimate determination to reject           
          petitioners’ $11,552 offer-in-compromise was not arbitrary,                 
          capricious, or without a sound basis in fact or law, and it was             
          not abusive or unfair to petitioners.  Her determination was                
          based on a reasonable application of the guidelines, which we               
          decline to second-guess.  See Speltz v. Commissioner, 124 T.C.              
          165 (2005), affd. 454 F.3d 782 (8th Cir. 2006).                             
               In their posttrial opening brief, petitioners essentially              
          make four arguments in advocating a contrary result.  First,                
          petitioners argue that Driver did not adequately consider their             
          unique facts and circumstances.  We disagree.  Driver reviewed              
          and considered all information given to her by petitioners.  On             
          the basis of the facts and circumstances of petitioners’ case as            
          gleaned from that information, as well as learned from other                
          information obtained during her independent analysis, Driver                
          determined that petitioners’ offer did not meet the applicable              
          guidelines for acceptance of an offer-in-compromise to promote              
          effective tax administration because acceptance of that offer               
          would undermine compliance with the tax laws by taxpayers in                
          general.  We find no abuse of discretion in that determination.             







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