- 4 - interest in rental property Barry Downing (petitioner) jointly owned with his brother) with equity of about $29,000, life insurance with a loan value of $1,000, and vehicles with equity of about $4,500. Petitioners did not consult an accountant or other tax professional concerning their 1995 return. Respondent misplaced petitioners’ offer in compromise for about 1 year; i.e., from April 15, 1996, to April 15, 1997. Respondent also erroneously applied the $5,000 payment towards petitioners’ 1995 tax liability, but, upon discovering the error, returned the $5,000 with interest to petitioners on April 16, 1997. Respondent did not issue a notice of deficiency to petitioners for 1995. In 1996 and 1997, petitioners made the following offers in compromise as full settlement of their 1995 income tax liability of $32,561, plus the addition to tax for failure to pay and interest: Date Amount of offer Apr. 11, 1996 $5,000 Nov. 8, 1996 5,000 Dec. 3, 1996 4,398 Apr. 28, 1997 7,850 June 3, 1997 6,385 Respondent did not accept any of these offers because respondent’s revenue officer believed that respondent could collect about $38,635 from petitioners’ assets.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011