- 23 - afford him/her the opportunity to make payment. All pertinent facts must be carefully considered as the filing of the notice of lien may adversely affect the taxpayer's ability to pay and thereby hamper or retard the collection process. [1 Administration, Internal Revenue Manual (CCH), sec. 1.2.1.5.13, at 3002-3003.] Policy statements in the Internal Revenue Manual do not confer enforceable rights on taxpayers. Vulcan Oil Tech. Partners v. Commissioner, 110 T.C. 153, 161 (1998), affd. without published opinions sub nom. Tucek v. Commissioner, 198 F.3d 259 (10th Cir. 1999), Drake Oil Tech. Partners v. Commissioner, 211 F.3d 1277 (10th Cir. 2000). In any event, it is apparent to us that the IRS met the requirements of the policy statement before filing the notice of lien. Early in 2000, Rosado contacted petitioner’s representative, Stone, and discussed with her payment of amounts owing. His letter of April 19, 2000, enclosed transcripts of petitioner’s income tax accounts for 1993, 1995, and 1997. It suggested that petitioner begin making payments of $5,000 monthly to reduce the amount of tax owing and resulting interest charges. The letter requested information from petitioner and explained: I am required to advise you that failure to provide the above information by the May 15, 2000 [sic] may result in enforcement action such as, issuance of Final Notice, Issuance of Notice of Levy, serving summons, filing Notice of Federal Tax Lien. * * * This letter, a copy of which Stone forwarded to petitioner, adequately provided petitioner with the opportunity to makePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011