- 3 - to the proof of claim of the IRS for the 1983 tax liability stated: 3. The Debtors [Morgans] and the United States agree that, notwithstanding the fact that the underlying debt is dischargeable for the 1983 tax year, a federal tax lien filed by the Internal Revenue Service encumbers all of the Debtors’ property, including any exempt property, to the extent it exists. * * * The only asset that petitioners had that was exempt from the discharge order was the pension plan of petitioner W. Richard Morgan (petitioner). In the bankruptcy proceedings, petitioners were represented by an attorney. Petitioners were also represented by a tax attorney with respect to their 1981, 1982, and 1983 income tax liabilities. Petitioners’ tax attorney had been engaged in the practice of tax law since 1959 and had experience in tax controversies and transactions planning. Petitioners’ tax attorney had reviewed the law, regulations, and procedures on installment agreements. In March 1995, petitioners submitted an offer-in-compromise to the IRS, which was later rejected. After the rejection of the offer-in-compromise, petitioners’ delinquent tax accounts were assigned to Revenue Officer Elizabeth Cooper (Cooper). Between July 1997 and May 1998, Cooper advised petitioners’ attorney on numerous occasions that petitioners needed to commence monthly payments immediately while petitioners prepared a second offer-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011