Claude E. and Dana L. Salazar - Page 18




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          means such as administrative and judicial collection remedies.              
          Rev. Proc. 2003-71, sec. 4.02(2), 2003-2 C.B. 517, 517.  The                
          offer-in-compromise must include all unpaid tax liabilities and             
          periods for which the taxpayer is liable.  1 Administration, IRM            
          (CCH), pt. 5.8.1.7, at 16,256.                                              
               If an offer-in-compromise is submitted where a taxpayer has            
          also filed a bankruptcy petition, the Commissioner cautions                 
          against acceptance of the offer-in-compromise in the window                 
          between a taxpayer’s discharge in bankruptcy and the time the               
          final distribution is made because “it is uncertain whether the             
          Service would still have a valid claim in bankruptcy if an offer            
          is accepted.”  1 Administration, IRM (CCH), pt. 5.8.10.2.3(2), at           
          16,368.  Thus, the Internal Revenue Manual guidelines advise that           
          “the amount acceptable for an offer should include the amount we            
          reasonably expect to recover from the bankruptcy in addition to             
          what can be collected from the taxpayer on non-discharged                   
          liabilities or from property outside the bankruptcy.”  Id.                  
               It is clear from the administrative record that Mr. Conte              
          was concerned that accepting petitioners’ $9,024.25 offer-in-               
          compromise would risk respondent’s expected distribution from the           
          bankruptcy.  Mr. Conte had extended contact with respondent’s               
          bankruptcy specialists.  He also performed his own research,                
          including reviewing the IRM guidelines.  Mr. Conte sought to                
          determine the likely amount respondent would receive from the               







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