Claude E. and Dana L. Salazar - Page 21




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          benefit of respondent.  While this offer would have reduced the             
          risk that petitioners would receive a windfall from the                     
          bankruptcy by virtue of the offer-in-compromise, it did nothing             
          to reduce respondent’s risk with respect to other creditors.  As            
          Mr. Conte explained in his closing memorandum:  if the offer-in-            
          compromise were accepted, any remaining funds in the bankruptcy             
          “would go to other creditors or to the taxpayer.”  Petitioners              
          again fail to present any authority to suggest that their other             
          creditors would be precluded from objecting to any distribution             
          to respondent after the acceptance of their offer-in-compromise.            
               Petitioners make two additional arguments on why                       
          respondent’s determination was an abuse of discretion.  First,              
          petitioners suggest that respondent was announcing a bright-line            
          rule and did not exercise discretion at all.  Second, petitioners           
          argue that respondent abused his discretion because he rejected             
          the offer-in-compromise solely on the basis of the amount offered           
          in contravention of section 7122(d)(3).  We address each in turn.           
               Petitioners first take issue with Mr. Conte’s requirement              
          that their offer-in-compromise be increased by the amount of the            
          expected distribution from the bankruptcy.  The IRM guidelines              
          instruct that an acceptable offer-in-compromise would have to               
          include the amount that respondent expected to receive from the             
          bankruptcy in addition to what respondent could collect from                
          petitioners directly.  Petitioners argue that by relying upon               







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