Claude E. and Dana L. Salazar - Page 17




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          to determine whether the Appeals officer’s decision to reject the           
          taxpayer’s offer-in-compromise was arbitrary, capricious, or                
          without sound basis in fact or law. Skrizowski v. Commissioner,             
          T.C. Memo. 2004-229; Fowler v. Commissioner, supra.                         
               Section 7122(a) authorizes the Commissioner to compromise              
          any civil or criminal case arising under the internal revenue               
          laws.  See Fargo v. Commissioner, 447 F.3d 706, 712 (9th Cir.               
          2006) (noting that the authorization to compromise any civil or             
          criminal case is discretionary), affg. T.C. Memo. 2004-13.                  
          Section 7122(c) provides that the Commissioner shall prescribe              
          guidelines for evaluation of whether an offer-in-compromise                 
          should be accepted.  See sec. 301.7122-1(c)(1), Proced. & Admin.            
          Regs.                                                                       
               The section 7122 regulations set forth grounds for the                 
          compromise of a taxpayer’s liability, including doubt as to                 
          collectibility.  Sec. 301.7122-1(b), Proced. & Admin. Regs.                 
          Doubt as to collectibility exists in any case where the                     
          taxpayer’s assets and income are less than the full amount of the           
          liability.  Sec. 301.7122-1(b)(2), Proced. & Admin. Regs.                   
          Generally, under the Commissioner’s administrative                          
          pronouncements, an offer to compromise based on doubt as to                 
          collectibility will be acceptable only if it reflects the                   
          reasonable collection potential of the case; i.e., that amount,             
          less than the full liability, that the IRS could collect through            







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