Barry R. Downing and Mary A. Downing - Page 4




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          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.                             








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