Whether a doubt-as-to-collectibility offer will be accepted depends
on whether the offer reflects the “reasonable collection potential”
(RCP).21 The Internal Revenue Manual defines the RCP as “the amount
that can be collected from all available means, including administrative
and judicial collection remedies.”22 The RCP calculation will generally
take into account (1) the amount collectible from the taxpayer’s “net
realizable equity” in her assets, (2) the taxpayer’s expected future income
after taking into account necessary living expenses, (3) the
amount collectible from third parties, and (4) the taxpayer’s income or
assets that are available to the taxpayer but beyond the reach of the IRS,
such as property held abroad.23 The “net realizable equity” in an asset is
the “quick sale value” of the asset minus any amounts owed to lien holders
with priority over the federal tax lien and levy exemption amounts.24
Essentially, in determining whether a doubt-as-to-collectibility offer
should be accepted, the IRS has to analyze the taxpayer’s assets, expenses,
and liabilities.
A doubt-as-to-collectibility offer will generally not be accepted
where the taxpayer is capable of paying the tax in full as a lump sum
or where the tax is payable under an installment agreement.25 In such
situations, the offer will be denied unless special circumstances exist to
justify consideration of a lesser amount