Michael A. Zapara and Gina A. Zapara - Page 4

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          Steven R. Mather (Mr. Mather), requested respondent’s revenue               
          officer to liquidate the stock accounts and apply the proceeds to           
          petitioners’ outstanding tax liabilities.  The revenue officer              
          directed Mr. Mather to get the Appeals officer’s approval for the           
          stock sale.  Consequently, on August 23, 2001, Mr. Mather faxed             
          to the Appeals officer a request for her approval of the stock              
          sale.  The fax (which is not in evidence) is described in the               
          Appeals officer’s contemporaneous case activity records as                  
          “asking me for a letter to say okay to release stock for sale”.             
               On September 7, 2001, the Appeals officer called Mr. Mather            
          about this request.  An entry in the Appeals officer’s case                 
          activity records dated September 7, 2001, states:                           
               Called rep [Mr. Mather]-re sale of stock that had been                 
               levied under jeopardy assessment although no move had                  
               been made to sell stock because of CDP hearing.  Per                   
               rep-tp [taxpayer] wants to sell stock while it still                   
               has value and have proceeds appkied [sic] to tax.  Told                
               rep that I would like him to put his request in writing                
               and send to me w/cc to RO [revenue officer] since he is                
               still working with the RO.  He said he will do.                        
               Informed rep that I was going to talk to RO about stock                
               sale-he was okay with me doing that-rep had already                    
               talked to him about too [sic].                                         
               That same day, the Appeals officer called the revenue                  
          officer, who indicated that petitioners had “a lot” of shares of            
          stock that were not widely traded and that he wanted to determine           
          the fair market value and have all proceeds applied to                      
          petitioners’ deficiency.  The Appeals officer’s contemporaneous             
          case activity records state that this “is what I also want”.                






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