IRS OIC Johnson, (2011) 136 TC No. 23
The Tax Court has upheld IRS’s determination to reject an individual’s proposed offer in compromise (OIC) and sustain collection action against him. IRS’s determination, which was in part based on the inclusion of certain dissipated assets in the taxpayer’s reasonable collection potential (RCP), wasn’t an abuse of discretion.
Under Code Sec. 7122, IRS will consider an OIC offer in compromise where: (1) the taxpayer is unable to pay the tax; (2) there is doubt as to the taxpayer’s liability for the tax; or (3) a compromise would promote effective tax administration because collection of the full amount of tax would cause economic hardship for the taxpayer, or compelling public policy or equity considerations provide a sufficient basis for compromising the liability.