Estate of Donny David Doster - Page 6




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          asserted that the estate had not shown that its failure to pay              
          was due to reasonable cause.                                                
               Effective September 1, 1999, the Texas legislature amended             
          Tex. Govt. Code Ann. sec. 466.410 (Vernon Supp. 2001) to allow              
          assignment of future lottery payments.  On September 9, 1999, the           
          estate appealed respondent’s abatement request denial and                   
          asserted that, prior to the September 1 effective date, neither             
          the estate nor the partnership could have borrowed against the              
          lottery proceeds to pay the estate tax.  Appeals, on February 10,           
          2000, concluded that the estate had sufficient liquidity to pay             
          the estate tax and sustained respondent’s denial of the request             
          for abatement.                                                              
          V.  Section 6330 Proceedings                                                
               On August 9, 2000, Appeals issued a Notice of Determination            
          Concerning Collection Action(s) Under Section 6320 and/or 6330              
          (determination), sustaining respondent’s collection efforts.                
          Appeals determined:                                                         
               The North Texas Appeals office previously heard the                    
               appeal and denied the extension after an administrative                
               conference in February of 1999.  The Appeals Officer                   
               found that the estate as of February 1999 had                          
               sufficient cash flow to pay the taxes and/or had the                   
               ability to borrow to pay the taxes.                                    
               During the course of the CDP proceeding you raised the                 
               issue of abating the penalties under IRC �6551(a)(2).                  
               Your request was referred to the North Texas District                  
               of the I.R.S. for administrative consideration.  Your                  





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