- 46 - Service returned the offer in error (for an alleged underpayment of a small estimated tax penalty which the Petitioner disputed) and issued levies. The Petitioner then filed a CDP hearing request. Upon receipt of the CDP hearing request, the Settlement Officer abused her discretion by requiring the Petitioner to submit a new offer, instead of rein- stating the existing offer as required by Regulation §301.6330-1(e)(1). On September 6, 2005, exactly one year after the first RCP determination * * * a second IRS Offer Specialist looking at the same financial information determined that the Petitioner’s RCP was $979,527. Although not altogether clear, it appears that petitioner is arguing that the settlement officer abused the settlement offi- cer’s discretion by (1) not accepting as petitioner’s reasonable collection potential (RCP) the amount calculated by the first offer specialist in connection with petitioner’s September 29, 2004 offer-in-compromise and (2)(a) instead requiring petitioner to submit a new, updated offer-in-compromise (i.e., petitioner’s June 24, 2005 offer-in-compromise) accompanied by a new, updated Form 433-A (i.e., petitioner’s June 24, 2005 Form 433-A) and (b) determining as petitioner’s RCP an amount different from the amount of petitioner’s RCP that the first offer specialist determined. In support of the foregoing argument, petitioner relies on section 301.6330-1(e)(1), Proced. & Admin. Regs., as in effect with respect to requests for Appeals Office hearings made before November 16, 2006. That regulation provided:Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 NextLast modified: March 27, 2008