- 59 - circumstances exist as defined in IRM 5.8.4.3, Effective Tax Administration and Doubt as to Collectibility with Special Circumstance, or IRM 5.8.11, Effective Tax Administration, the offer may be accepted on the basis of hardship or Effec- tive Tax Administration (ETA).[35] Assuming arguendo, as petitioner argues, that the “future income” component of petitioner’s RCP should have been calculated by using his average monthly wage income for the seven-year 34(...continued) that petitioner had based petitioner’s June 24, 2005 offer-in- compromise on “Doubt as to Collectibility with Special Circum- stance” or “Effective Tax Administration”, on the record before us, we find that the settlement officer did not abuse the settle- ment officer’s discretion in concluding that that offer-in- compromise should be rejected on those grounds. Although peti- tioner was 70 years old in September 2005 when the settlement officer (and the second offer specialist) was considering peti- tioner’s June 24, 2005 offer-in-compromise, petitioner was still practicing law and did not claim that he had any health issues. 35See Murphy v. Commissioner, 125 T.C. 301, 309 (2005), affd. 469 F.3d 27 (1st Cir. 2006), where we stated: Special circumstances are (1) circumstances demonstrat- ing that the taxpayer would suffer economic hardship if the IRS were to collect from him an amount equal to the reasonable collection potential of the case or (2) if no demonstration of such suffering can be made, circum- stances justifying acceptance of an amount less than the reasonable collection potential of the case based on public policy or equity considerations. IRM pt. 5.8.4.3.4 (Sept. 1, 2005) (Effective Tax Administration and Doubt as to Collectibility with Special Circum- stances). To demonstrate that compelling public policy or equity considerations justify a compromise, the taxpayer must be able to demonstrate that, due to exceptional circumstances, collection of the full liability would undermine public confidence that the tax laws are being administered in a fair and equitable manner. Sec. 301.7122-1(b)(3)(ii), Proced. & Admin. Regs.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 NextLast modified: March 27, 2008