- 5 - petitioner still had not established sufficient doubt as to collectibility of the full taxes due and that petitioner’s offer in compromise should be rejected. On August 7, 2001, the Appeals officer’s manager reviewed and approved the rejection of petitioner’s offer in compromise and signed the Form 5402-c, Appeals Transmittal Memorandum and Case Memo. On August 16, 2001, respondent issued to petitioner the notice of determination rejecting petitioner’s offer in compromise and sustaining respondent’s proposed levy. Therein, respondent explained, among other things, as follows: Your request for a collection due process hearing stated that you would be filing returns for the taxable years 1993, 1994, 1995, 1996, 1997, 1998, 1999 so that an offer could be considered. These returns were all filed in 2000, after you filed your request for a Collection Due Process Hearing. Three of these returns were filed only after a summons was issued for all books and records in your possession relating to your income and expenses for those years. You filed your return for the 2000 tax year in June 2001. The financial information that was provided during the offer investigation shows that you have the ability to full pay the liabilities. Thus you do not qualify for an offer in compromise doubt as to collectibility. An installment agreement was not considered an appropriate alternative to the levy action due to your past lack of compliance and credit problems. The proposed levy action is appropriate in your case. It balances the need of the government to efficiently collect taxes with your concerns of intrusiveness. Your past compliance history does not demonstrate a good faith effort to comply with the tax laws other than by enforcement actions such as the proposed levy. * * *Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011