Karl Paul Vossbrinck - Page 6




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               Petitioner’s only request of the Appeals officer was for a             
          delay while he pursued the collection alternative of seeking a              
          private letter ruling on his employment status for the years                
          subject to the enforced collection.  Petitioner was afforded                
          additional time, but, instead of seeking a ruling, he applied to            
          respondent’s examination division, which found him to be an                 
          employee.1  Collection was delayed for at least 6 months while              
          petitioner sought the administrative resolution of his                      
          outstanding tax liabilities.  Petitioner contends that respondent           
          abused his discretion by not allowing him an additional stay to             
          seek a ruling.                                                              
               Respondent did not impede petitioner in seeking an                     
          alternative to collection.  Instead, respondent’s Appeals Officer           
          waited until he received notification that petitioner’s attempt             


               1 Petitioner, at trial, stated that someone in respondent’s            
          office had told him to seek an examination instead of a private             
          letter ruling.  Petitioner, however, was unable to provide the              
          name of the person who might have given him that advice.  It is             
          petitioner’s belief that respondent’s examination personnel do              
          not have as much latitude in deciding employment status and that            
          he would have been successful in seeking a private letter ruling            
          because the individuals who consider rulings have a broader                 
          spectrum of matter they can consider in the process. Petitioner             
          contends that he is entitled to extra time before collection is             
          permitted, because it was respondent’s “error” to send him to the           
          wrong place for relief.  Petitioner has not shown a sufficient              
          factual predicate for his argument.  Even if petitioner had shown           
          that he had received the alleged advice from someone in                     
          respondent’s office, petitioner was not forced to seek one type             
          of relief rather than another.  It was his choice to seek an                
          examination of his employment status, rather than seeking a                 
          ruling during the time allotted.                                            





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