Charles R. Godwin et al. - Page 26

                                       - 26 -                                         
          respect to the intended collection action or possible alternative           
          means of collection.  See Rule 331(b)(4); Goza v. Commissioner,             
          114 T.C. at 183.  Even if petitioners had not conceded this                 
          issue, petitioners’ factual allegations and arguments would not             
          establish that the Appeals officer abused his discretion in                 
          sustaining respondent’s levy.                                               
               We shall not consider an August 8, 2002, letter (the                   
          settlement letter) attached to petitioners’ reply brief in which            
          petitioners offered to settle all tax, interest, and penalties              
          for $100,000 to be paid within 90 days of acceptance of their               
          offer; that letter was never properly introduced into evidence,             
          as required by Rule 143.  See also Kronish v. Commissioner, 90              
          T.C. 684, 695-696 (1988).                                                   
               Even if the settlement letter had been properly introduced,            
          we would not consider it a valid offer in compromise.  Taxpayers            
          who wish to propose an offer in compromise must submit a Form               
          656, Offer in Compromise, which requests financial information              
          from the taxpayer so that the IRS can determine whether the offer           
          should be accepted.  See sec. 7122(c); see also 2 Administration,           
          Internal Revenue Manual (CCH), sec.                             
               Petitioners’ offer was invalid because they did not submit a           
          Form 656 or otherwise describe their income, assets, and other              
          financial information required by Form 656 in order for                     
          respondent to evaluate whether the offer should be accepted.                

Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  Next

Last modified: May 25, 2011