Henry M. Lloyd - Page 59




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                    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.                                                                  





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