Claude E. and Dana L. Salazar - Page 25




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          reasonably expect to collect on petitioners’ liabilities.  Mr.              
          Conte concluded that respondent was likely to receive more in the           
          distribution from the bankruptcy than from petitioners’ offer-in-           
          compromise.  Further, Mr. Conte determined that accepting                   
          petitioners’ offer would risk this expected greater distribution.           
          We find petitioners’ offer-in-compromise was not rejected solely            
          on the basis of the amount offered.                                         
               We are not unsympathetic to petitioners’ situation as they             
          ultimately had no control over when any distribution from the               
          bankruptcy would be made.  Since then, petitioners’ financial               
          outlook has improved dramatically.  Mr. Salazar is now employed             
          as a manager of a restaurant and has begun receiving Social                 
          Security benefits.  Mrs. Salazar completed law school and now               
          works as an attorney.  Thus, while the $9,024.25 offer-in-                  
          compromise may have been the limit of what petitioners could pay            
          in 2004, when Mr. Salazar submitted a second offer-in-compromise            
          during the second collection review hearing with respect to his             
          employment tax liabilities, respondent determined that Mr.                  
          Salazar was then in a position to pay the entirety of his                   
          outstanding employment tax liabilities.  Petitioners have not               
          presented any argument or evidence to the Court to suggest that             
          respondent’s rejection of this second offer-in-compromise was an            
          abuse of discretion.                                                        








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