- 6 - the notice of intent to levy with respect to petitioner’s taxable year 1989, Mr. Ashley [petitioner] makes claims that he cannot pay the amount due. He included another letter with his protest alluding to a large government debt owed him from another agency for disability payments which he claims were improperly denied. He believes that the Internal Revenue Service should help him in his cause to recover what he believes are his benefits and then share in those benefits to pay the taxes at hand. * * * * * * * In the instant case, Mr. Ashley in his protest claims not that he doesn’t owe the tax, but that the liability should be offset by the debt owed him by another fed- eral government agency. It should be noted that the assessment at hand was made under “substitute for return” procedures and is not from a voluntarily filed tax return. Therefore, Mr. Ashley may file an original tax return to correct the amount of tax at any time based upon relevant records he may have. * * * * * * * Mr. Ashley responded to a letter sent by the settlement officer saying in a phone message that he would be amenable to completing a financial statement to declare his inability to pay. Such a financial statement was sent to Mr. Ashley with instructions to complete as fully as possible and return to the settlement officer for evaluation. His overture at not being able to pay should be treated as a collection alternative within the meaning of the new Restructuring and Reform Act of 1998 as it applies here. * * * * * * * A telephone conference was agreed upon and held with Mr. Ashley. * * * Mr. Ashley went over his claim that the Internal Reve- nue Service should straighten out his problem with the Department of the Navy, which he said denied his dis- ability claim. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011