Arthur W. & Rita C. Miller - Page 5

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          notice of Federal tax lien filing and your right to a hearing               
          under IRC 6320 (notice of tax lien) with respect to petitioners’            
          taxable years 2000 and 2001.                                                
               On December 2, 2004, in response to the notice of tax lien,            
          petitioners filed Form 12153 (petitioners’ Form 12153) and                  
          requested a hearing with the Appeals Office.  In petitioners’               
          Form 12153, petitioners indicated that they did not agree with              
          the notice of tax lien that respondent had filed with respect to            
          petitioners’ taxable years 2000 and 2001.  Petitioners attached a           
          document to petitioners’ Form 12153.  That attachment stated in             
          pertinent part:                                                             
               The debt, which is represented herein, is unfair and                   
               inequitable.  Extenuating circumstances exist.  There                  
               is an equal amount owed to us by the IRS in the form of                
               a credit that could satisfy this debt in full.  This                   
               credit in actuality represents an over assessment of                   
               taxes.                                                                 
               Requiring payment up front in lieu of applying the                     
               credit against the debt creates a situation that would                 
               prevent us from ever recovering the credit (overpay-                   
               ment).  Also, since Mr. Miller is currently unemployed                 
               this lien seriously damages his credit and his ability                 
               to obtain suitable employment.  [Reproduced literally.]                
               On May 24, 2005, the settlement officer with the Appeals               
          Office (settlement officer) assigned to consider petitioners’               
          Form 12153 with respect to the notice of tax lien relating to               
          petitioners’ taxable years 2000 and 2001 held a telephonic                  
          conference (May 24, 2005 telephonic conference) with petitioners.           
          During that telephonic conference, petitioners and the settlement           






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