Joseph Dutton - Page 3

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               On September 3, 1999, petitioner submitted a Form 8857,                
          Request for Innocent Spouse Relief, requesting relief from joint            
          and several liability for the taxable years 1984, 1985, and 1986.           
               On April 24, 2001, petitioner submitted an amended Form 656,           
          Offer in Compromise, wherein he offered to compromise all income            
          tax liabilities, including any interest, penalties, additions to            
          tax, and additional amounts required by law, for the years 1986,            
          1987, and 1993 through 1999.2  Petitioner’s offer was to pay                
          $6,000 at a rate of $250 per month.  Petitioner’s offer in                  
          compromise was based on doubt as to collectibility, not on doubt            
          as to liability or the promotion of effective tax administration.           
          The Form 656 states that “Once the IRS accepts the offer in                 
          writing, I/we have no right to contest, in court or otherwise,              
          the amount of the tax liability.”  The form provides that the               
          offer in compromise may be withdrawn at any time before the                 
          Commissioner accepts the offer.  Petitioner was represented by              
          Carlton V. Phillips, Jr. (Mr. Phillips), during the offer in                
          compromise proceedings.                                                     
               By letter dated May 7, 2001, D. Zukle (Mr. Zukle), an                  
          Internal Revenue Service (IRS) manager, informed petitioner that            
          for 1986 and 1987 it was being proposed that he be granted                  
          partial relief from joint and several liability under section               


               2Petitioner was married during 1986 and 1987, but was single           
          for the years 1993 through 1999.                                            




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