Arthur W. & Rita C. Miller - Page 13

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               At the Appeals level, the Miller’s participated in                     
               several teleconferences and a face-to-face conference,                 
               as well as exchanged numerous correspondences with this                
               office.  At no time during Appeals consideration of                    
               this account did the Miller’s present a viable alterna-                
               tive to resolve their outstanding taxes.  The issues                   
               raised by the Miller’s were as follows:                                
                    1.   They requested relief from penalties and                     
                         interest.  A review of the account tran-                     
                         scripts indicates that they were assessed the                
                         Failure to Pay penalty for both years and the                
                         Estimated Tax Penalty for tax year 2001.                     
                         They did not however, provide any documenta-                 
                         tion to illustrate why they were unable to                   
                         make sufficient estimated tax payments for                   
                         2001, or why they were now unable to satisfy                 
                         these liabilities.  They simply requested to                 
                         have the penalties and associated interest                   
                         removed from their account because they felt                 
                         that they should not have to pay them, as                    
                         required by law.  They were advised that they                
                         did not meet the reasonable cause criteria to                
                         abate the penalties, and that there were no                  
                         current IRS initiatives to waive penalty and                 
                         interest assessments on those individuals                    
                         owing AMT taxes.                                             
                    2.   They requested to have their future AMT cred-                
                         its offset to pay the current outstanding                    
                         liabilities.  They were advised that this is                 
                         not legal under current tax law legislation,                 
                         and that neither the office of Appeals, nor                  
                         any other operating division within the IRS                  
                         could negotiate such a settlement.                           
               The Miller’s raised no other pertinent issues other                    
               than to state that the application of the AMT was                      
               unfair and inequitable, and they should not be forced                  
               to pay taxes on this “phantom income”.                                 
               The Miller’s have never provided financial information                 
               to Appeals as requested.  By their own admission, they                 
               have the resources to pay these taxes, but feel that it                
               would be unfair to make them use their equity in as-                   
               sets, primarily their residence and a retirement ac-                   
               count, to satisfy these debts.                                         






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