A recent Tax Court decision was reported dealing with Offer-in-Compromise and IRS Abuse of Discretion. J. Frank Best, Tax Controversy CPA/U. S. Tax Court Litigator in Raleigh and Wilmington, NC & North Myrtle Beach and Myrtle Beach, SC works to stay current on all IRS decisions concerning tax litigation to ensure we are fully informed and prepared for our clients.
Lawyer’s Failure to Provide Required Info Precludes Offer-in-Compromise: In Solny v. Comm’r, T.C. Memo. 2018-71, the Tax Court sustained a proposed collection action by the IRS against a lawyer who had outstanding tax liabilities of almost $200,000. The court noted that at his collection due process hearing, the lawyer sought a collection alternative but did not supply any of the required forms or necessary financial information and thus it was not an abuse of discretion for the IRS to reject collection alternatives and sustain the collection action.
The Tax Court Concluded: Finding no abuse of discretion in any respect, the Tax Court will granted summary judgment for respondent and affirm the proposed collection action. The Court noted that petitioner is free to submit to the IRS at any time, for its consideration and possible acceptance, a collection alternative in the form of an offer-in compromise or Installment Agreement, supported by the necessary financial information.