The Tax Court has held, for a number of reasons, that IRS didn't accept the taxpayers' offer in compromise (OIC) when it cashed their check that accompanied the OIC and then, approximately 100 days later, refunded the taxpayers' payment.

The Court also held that, where a taxpayer is a shareholder in an S corporation, the statute of limitations on assessment with respect to the taxpayer is based on the date of filing of the taxpayer's return, not the S corporation's return. Whitesell, TC Memo 2017-84