Claude E. and Dana L. Salazar - Page 8




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          occasions.  Following one such contact, Mr. Conte received an e-            
          mail informing him that “Mr. Salazar owes: IMF $13,977.92 and BMF           
          $62,786.01 for a total of $76,763.93.  The amount that will come            
          to IRS from the trustee’s office * * * [$25,000 less trustee                
          expenses] will not full-pay the account (less than 1/3 of balance           
          due).  Collection will not be withheld.”2                                   
               According to his case record, Mr. Conte was concerned that             
          accepting an offer-in-compromise while awaiting a final                     
          distribution from the bankruptcy might jeopardize respondent’s              
          claims to that distribution.  Mr. Conte performed research,                 
          including reviewing the Internal Revenue Manual (IRM), to assist            
          with his consideration of petitioners’ offer-in-compromise.  Mr.            
          Conte noted the IRM’s caution on accepting an offer-in-compromise           
          while awaiting a distribution of assets from a bankruptcy.  Mr.             
          Conte also sought and received legal advice on the effect an                
          offer-in-compromise would have on the pending bankruptcy                    
          distribution.  Counsel from within the Internal Revenue Service             
          (IRS) advised Mr. Conte that acceptance of the offer-in-                    
          compromise risked respondent’s claim to the distribution and that           
          the offer-in-compromise should be increased by the amount                   
          respondent expected to receive from the bankruptcy.                         


               2“IMF” refers to respondent’s Individual Master File for               
          petitioners’ income tax liabilities.  “BMF” refers to                       
          respondent’s Business Master File for Mr. Salazar’s employment              
          tax liabilities.                                                            






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