Carlos Londono - Page 5




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          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.                 
               * * *                                                                  





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