- 21 - 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 uponPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: March 27, 2008