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IRS Policy Statement P-5-100
- Offers will be
accepted: The Service will accept an offer in
compromise when it is unlikely that the tax
liability can be collected in full and the amount
offered reasonably reflects collection potential. An
offer in compromise is a legitimate alternative to
declaring a case currently not collectible or to a
protracted installment agreement. The goal is to
achieve collection of what is potentially
collectible at the earliest possible time and at the
least cost to the Government.
- In cases where an
offer in compromise appears to be a viable solution
to a tax delinquency, the Service employee assigned
the case will discuss the compromise alternative
with the taxpayer and, when necessary, assist in
preparing the required forms. The taxpayer will be
responsible for initiating the first specific
proposal for compromise.
- The success of the
compromise program will be assured only if taxpayers
make adequate compromise proposals consistent with
their ability to pay and the Service makes prompt
and reasonable decisions. Taxpayers are expected to
provide reasonable documentation to verify their
ability to pay. The ultimate goal is a compromise
which is in the best interest of both the taxpayer
and the Service. Acceptance of an adequate offer
will also result in creating for the taxpayer an
expectation of and a fresh start toward compliance
with all future filing and payment requirements.
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