Brown v. Commissioner
T.C. Memo. 2021-112

On September 23, 2021, the Tax Court issued a Memorandum Opinion in the case of Brown v. Commissioner (T.C. Memo. 2021-112). The sole issue presented in Brown v. Commissioner was whether the Tax Court has jurisdiction to order the refund of a TIPRA payment. What is a TIPRA Payment? The Tax Increase Prevention and Reconciliation Act of 2005 (TIPRA), Pub. L. No. 109-222, § 509(a), enacted new IRC § 7122(c), effective for offers-in-compromise (OICs) submitted on or after July 16, 2006. IRC § 7122(c)(1)(A)(i) requires that the submission of any lump-sum OIC “be accompanied by the payment of 20% percent of the amount of such offer.” See also IRS Notice 2006-68. Background to Brown v. Commissioner The petitioner was issued two notices of federal tax lien, and he timely requested a CDP hearing.  Ultimately, the liens were upheld and notices of determination were issued in August 2017.  Petitioner timely requested a…