Contents | Summary | A | B | C | D | E | F | G | H Comments on the Voluntary Fiduciary Correction Program - Example 9. Section 7430(g)(2)(B) states that the qualified offer period (the period during which an offer may be made) ends "on the date which is 30 days before the case is first set for trial." It is clear that if the calendar call for a trial session is set for July 1, that an offer made on June 15 is too late to qualify. Example 9 of Treas. Reg. § 301.7430-7(e) states that once a case gets within 30 days of the call of a calendar, then a qualified offer may never be made, even if the case is continued to a later call of the calendar. Thus, on the above facts, if, after May 31, the case is continued, no offer made after May 31 would be qualified. The regulations provide that if an offer were made after May 31, but before a continuance were granted, the offer is not a qualified offer. This problem is particularly acute if the case is continued after it is first set for trial in order for the case to be considered by the Internal Revenue Service Office of Appeals. We believe that settlement is promoted by giving the taxpayer a "new clock" to permit it to make qualified offers until 30 days prior to the call of the calendar. This is the same result that would have resulted if the continuance had been granted before June 1. See Example 8 of Treas. Reg. § 301.7430-7(e).
Contents | Summary | A | B | C | D | E | F | G | H |
