Jerry B. and Donna E. Clawson - Page 6

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          month for 18 months, with the remaining amount of their income              
          tax liability to be paid at the end of the 18-month period.  At             
          the time that petitioners proposed this installment agreement to            
          Riley, Riley had determined that the total amount of their unpaid           
          tax liabilities was $645,537.  This figure included the reported            
          but unpaid income tax liability on petitioners’ joint Federal               
          income tax return for 1999 and trust fund penalties that had been           
          imposed against each of them for 1991.  Based upon the financial            
          information petitioners submitted to Riley, she determined that             
          petitioners had the ability to pay the total amount of their                
          unpaid tax liabilities sooner than the amount of time requested             
          in the proposed installment agreement.  Accordingly, Riley                  
          rejected petitioners’ proposed installment agreement.                       
               On September 19, 2001, petitioners also submitted a                    
          Form 9423, Collection Appeal Request, in which they requested               
          that respondent not file a Federal tax lien.  Petitioners                   
          provided, in pertinent part, the following explanation for their            
          request:                                                                    
               Taxpayer is working to sell the assets reported on                     
               Forms 433-A and 433-B * * *.  Taxpayer believes that a                 
               substantial portion of such assets can be sold by                      
               December 31, 2001 and that all can be disposed of                      
               within the next twelve months.  These sales would                      
               provide funds to satisfy the tax liability in question.                
               Filing a tax lien would materially reduce the market                   
               value of the assets to be sold and cause the banks to                  
               call loans on which most of these assets are pledged.                  
               That would put the taxpayer out of business with no                    
               resources to pay the tax liability.                                    






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