Claude E. and Dana L. Salazar - Page 19




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          bankruptcy and the effect accepting a compromise would have on              
          respondent’s distribution.  Ultimately, Mr. Conte concluded that            
          respondent was likely to receive approximately $20,000 of the               
          $25,000 remaining in the bankruptcy.  Further, as advised by                
          counsel, Mr. Conte concluded that accepting the offer-in-                   
          compromise risked respondent’s claims in the bankruptcy estate.             
          Thus, in accordance with the IRM and advice from counsel, Mr.               
          Conte determined that petitioners’ offer-in-compromise was                  
          inadequate because it was less than what respondent expected to             
          receive from the bankruptcy trustee and because accepting that              
          offer would place that distribution at risk.                                
               Petitioners argue that respondent’s rejection of the offer-            
          in-compromise was based on an erroneous conclusion of law that              
          the bankruptcy distribution was at risk.  Petitioners argue that            
          respondent’s distribution from the bankruptcy was never at risk.            
          If respondent’s determination was based upon an erroneous                   
          conclusion of law, we must reject that view and find that                   
          respondent abused his discretion.  See Swanson v. Commissioner,             
          121 T.C. 111, 119 (2003).                                                   
               As respondent’s counsel now explains, an offer-in-compromise           
          must include all of the outstanding liabilities of the taxpayer.            
          Further, section 6325(a) provides that the Commissioner “shall              
          issue a certificate of release of any lien imposed with respect             
          to any internal revenue tax” not later than 30 days after the               







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