- 25 - b. Section 6651(a)(1) Addition to Tax in the Deficiency Case For the reasons described supra (Issue 1.B.5.a.), with respect to the section 6651(a)(1) late filing addition to tax in the section 6330 cases, petitioners are liable for the addition to tax under section 6651(a)(1) in the deficiency case up to the maximum statutory amount. 6. No Abuse of Discretion in Sustaining Levy Petitioners argue the Appeals officer abused his discretion in sustaining respondent’s levy because: (1) The Appeals officer did not consider that the collection of tax would not be in jeopardy, given petitioners’ ownership of substantial assets and income-earning potential with which to pay their tax liabilities; (2) IRS agents repeatedly declined to inspect petitioners’ real property damaged by natural disasters in 1997 and 1998; and (3) respondent never replied to petitioners’ good-faith efforts to negotiate reasonable collection alternatives, including petitioners’ offer in compromise. Respondent filed a motion to strike portions of petitioners’ reply brief relating to the issue of abuse of discretion because that issue was not raised in the petition. Petitioners conceded the issue of abuse of discretion because the petitions filed with the Court do not assert (nor is there any basis in the administrative record for the Court to conclude) that the Appeals officer abused his discretion withPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011