- 16 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007