Resurrection of Offer in Compromise

E. Martin Davidoff

Case Conclusion Date:January 3, 2012

Practice Area:Tax

Outcome:We appeal collection activity and get offer reinstated, proving that Wife's actions were unintentional. $250,000 assessment is reversed. We complete our work for approximately $5,000 in fees.

Description:Husband and Wife succeed in getting IRS acceptance of Offer in Compromise ("OIC") in 2004. A collateral agreement prohibits carryforward of capital gains. Husband and Wife get divorced shortly thereafter and Wife has no memory of collateral agreement and claims capital loss carryforward. In 2011, IRS reinstates balance due of approximately $250,000 to wife only as a result of her violating collateral agreement.

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