The Service has targeted taxpayers
who emerged from an OIC with loss carryforwards (NOLs)
intact and who used the NOLs to avoid tax on unexpected postagreement
profits. Because the Service has the authority to negotiate
a reduction of NOLs as part of an OIC agreement, an assessment
of COD income after the settlement has become final has the
same effect as an illegitimate and ad hoc attempt to reopen the
agreement itself.