Martin and Sharon Smith - Page 20




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               Second, petitioners argue that public policy demands that              
          their offer-in-compromise be accepted because they were victims             
          of fraud.  We disagree.  While the regulations do not set forth a           
          specific standard for evaluating an offer-in-compromise based on            
          claims of public policy or equity, the regulations contain two              
          illustrative examples.  See sec. 301.7122-1(c)(3)(iv), Examples             
          (1) and (2), Proced. & Admin. Regs.  The first example describes            
          a taxpayer who is seriously ill and unable to file income tax               
          returns for several years.  The second example describes a                  
          taxpayer who received erroneous advice from the Commissioner as             
          to the tax effect of the taxpayer’s actions.  Neither example               
          bears any resemblance to this case.  See Speltz v. Commissioner,            
          454 F.3d at 786.  Unlike the exceptional circumstances                      
          exemplified in the regulations, petitioners’ situation is neither           
          unique nor exceptional in that petitioners’ situation mirrors               
          that of numerous taxpayers who claimed tax shelter deductions in            
          the 1980s and 1990s, obtained the tax advantages, promptly forgot           
          about their “investment”, and now realize that paying their taxes           
          may require a change of lifestyle.11                                        


               10(...continued)                                                       
          acceptable.                                                                 
               11 Of course, the examples in the regulations are not meant            
          to be exhaustive, and petitioners’ situation is not identical to            
          that of the taxpayers in Fargo v. Commissioner, 447 F.3d 706, 714           
          (9th Cir. 2006), affg. T.C. Memo. 2004-13, regarding whom the               
          Court of Appeals for the Ninth Circuit noted that “no evidence              
                                                             (continued...)           





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