The IRS is likely to reject an OIC where a taxpayer files a frivolous offer to delay collections, has an egregious history of past noncompliance, the Trust Fund Recovery Penalty (TFRP) has not been assessed against the responsible individual prior to filing the offer, and the IRS’s analysis of the taxpayer’s current finances indicates that it will be highly unlikely the taxpayer will be able to remain in compliance during the offer period. An offer can also be rejected because the taxpayer has equity in assets to full pay the tax liability or their monthly disposable income can pay the tax liability with an installment agreement. The IRS is also likely to reject an OIC where the IRS’s financial analysis of a taxpayer indicates that the taxpayer’s business does not have the ability to fund the offer, remain current with its future tax obligations, and at the same time meet its normal operating expenses.
