Duane S. Ashley - Page 6




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          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. * * *                                                   






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