Wiley L. Barron, CPA, Ltd. - Page 10




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          H. Rejection of Petitioner’s Offer in Compromise                            
               By letter dated May 13, 1999, respondent rejected                      
          petitioner’s Offer in Compromise.  The letter stated in relevant            
          part as follows:                                                            
                    This refers to your offer of $500.00, submitted to                
               compromise your unpaid employment tax liabilities for                  
               the tax periods shown above.                                           

               4(...continued)                                                        
          under section 7436 for processing employment tax cases involving            
          worker classification and sec. 530 of the Revenue Act of 1978.              
          Notice 98-43 provides in relevant part as follows:                          
               AGREED SETTLEMENTS                                                     
                    If the taxpayer wishes to settle the worker                       
               classification and � 530 issues on an agreed basis                     
               before issuance of a Notice of Determination, the                      
               taxpayer must formally waive the restrictions on                       
               assessment contained in �� 7436(d)(1) and 6213.  This                  
               will generally be accomplished by execution of an                      
               agreed settlement that contains the following language:                
                         I understand that, by signing this                           
                    agreement, I am waiving the restrictions on                       
                    assessment provided in sections 7436(d) and                       
                    6213(a) of the Internal Revenue Code of 1986.                     
                    The Service will not assess employment taxes                      
               attributable to worker classification or � 530 issues                  
               unless either the Service has issued a Notice of                       
               Determination to the taxpayer and the 90-day period for                
               filing a Tax Court petition has expired or,                            
               alternatively, the taxpayer has waived the restrictions                
               on assessment.  If the Service erroneously makes an                    
               assessment of taxes attributable to worker                             
               classification and � 530 issues without first either                   
               issuing a Notice of Determination or obtaining a waiver                
               of restrictions on assessment from the taxpayer, the                   
               taxpayer is entitled to an automatic abatement of the                  
               assessment.  However, once any such procedural defects                 
               are corrected, the Service may reassess the employment                 
               taxes to the same extent as if the abated assessment                   
               had not occurred.                                                      





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