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expressed that you do not want to fulfill this obliga-
tion. Because you have provided no other alternatives
on this account, our only action at this time is to
close your CDP request, sustaining the Lien filing, and
issuing the required Notice of Determination.
I will hold you account open for 10 days from the date
of this letter if you want to discuss any alternatives.
If I do not hear from you, and/or viable alternatives
are not presented for review, I will proceed with the
formal closure of your account. [Reproduced liter-
ally.]
On November 5, 2005, petitioners sent a letter (November 5,
2005 letter) in response to the second settlement officer’s
October 26, 2005 letter. Petitioners’ November 5, 2005 letter
stated in pertinent part:
We are seeking a settlement in good faith. We would
like to clarify a few statements that were contained in
the letter dated 26 October 2005. You noted, “By your
own admission, you have sufficient resources to pay
these outstanding liabilities, but feel that you should
not be required to do so”. We honestly stated up
front, that the only assets we had, and still only
have, is the home we live in, and our retirement ac-
count. We don’t have any bank accounts or stock or
hidden treasures. We paid the IRS every available
dollar. We liquidated everything except the house and
retirement to pay what we have so far.
The point that we are trying to convey is that it
wouldn’t be fair to force us to take an irretrievable
action (selling our home) to pay tax on a phantom
liability. You state that we did not demonstrate that
it would cause significant economic hardship. We
believe that forcing us to sell the roof over our head
is an economic hardship.
We were assessed taxes on profits we didn’t realize.
We were taxed on what you thought we would make in
profit when we sold the stock. That never happened.
We paid taxes on income we didn’t receive.
Nowhere in your letter do you mention our $124,000
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Last modified: May 25, 2011