Jerome Edward Brown and Mary L. Smith Brown - Page 5




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               I also reclassified the claim from an Equivalent                       
               Hearing to a Collection Due Process Hearing.  However,                 
               you did not submit an amended return for 1996, nor did                 
               you return the Installment Agreement form.  These were                 
               your alternatives to the proposed levy action.  Without                
               your cooperation, the determination of the ACS function                
               is being upheld.  The case file will be returned to                    
               them for all appropriate action.                                       
               After receiving the notice of determination, on the advice             
          of the Appeals officer, petitioners made payments on their tax              
          liability to respondent.  Mr. Brown sent respondent seven checks            
          and one money order totaling $850.                                          
               Petitioners’ balances for the years in issue were:                     
               Year              As of            Outstanding Balance                 
               1995           8/13/2001                $4,127.50                      
               1996           10/22/2001               2,773.44                       
               1997           6/4/2001                 108.17                         
               When this case was called for trial, petitioners failed to             
          appear.  The Court set the case for recall during the second week           
          of the calendar in order to give petitioners an opportunity to              
          have their day in Court.  Mr. Brown appeared at the recall.                 
                                       OPINION                                        
               Petitioners do not dispute that the amount of the tax,                 
          additions to tax, and interest assessed are correct.  Pursuant to           
          the stipulations and deemed admissions, petitioners have conceded           
          their claim for interest abatement.                                         
               Petitioners argue that respondent should accept less than              
          the full amount of their liabilities because the additions to tax           
          and interest are too much for petitioners to pay on Mr. Brown’s             





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