Claude E. and Dana L. Salazar - Page 23




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          Commissioner stands to collect as a creditor in the bankruptcy              
          proceeding in addition to possibly collecting from the taxpayer             
          directly from future income and assets not subject to the                   
          bankruptcy.                                                                 
               Thus, at first, the IRM instructs a settlement officer to              
          consider the Commissioner’s standing as a creditor in the                   
          bankruptcy and advises that an acceptable offer-in-compromise               
          include the amount the Commissioner reasonably expects to recover           
          from the bankruptcy.  1 Administration, IRM (CCH), pt.                      
          5.8.10.2.3(2).  In other words, the Appeals officer should not              
          accept an offer of $5 when doing so will risk the likely receipt            
          of $10 down the road.  Second, the IRM instructs that an                    
          acceptable offer-in-compromise should also include the amount               
          that “can be collected from the taxpayer on non-discharged                  
          liabilities or from property outside the bankruptcy.”  Id.  Thus,           
          if the Commissioner stands to receive $10 as a creditor in the              
          bankruptcy and, in addition, $5 can be collected directly from              
          the taxpayer, then the reasonable collection potential is not $5            
          or even $10, but more like $15.                                             
               Mr. Conte did not have to reach the second part of this                
          analysis––the amount respondent could collect from petitioners              
          outside of the bankruptcy.  The $9,024.25 offer-in-compromise               
          from petitioners was less than the $20,000 Mr. Conte expected               
          respondent would receive from the bankruptcy, and he determined             







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