Carlos Londono - Page 7




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          his estimated tax payments for 2001 establish petitioner’s                  
          failure to be in current compliance with his Federal income tax             
          liabilities and support respondent’s determination to disapprove            
          of petitioner’s offer in compromise.                                        
               Relying on respondent’s temporary regulations under section            
          7122, petitioner asserts that respondent’s Appeals officer, prior           
          to rejecting petitioner’s offer in compromise, failed to have her           
          proposed rejection of the offer in compromise reviewed by an                
          “independent reviewer”.  See sec. 301.7122-1T(e)(2), Temporary              
          Proced. & Admin. Regs., 64 Fed. Reg. 39026 (July 21, 1999).                 
               Petitioner apparently believes that respondent’s Appeals               
          officer manager who reviewed the Appeals officer’s determination            
          to reject petitioner’s offer in compromise does not qualify as an           
          “independent” reviewer under the above statute and regulation.              
          To the contrary, in the context of a collection hearing before              
          respondent’s Appeals Office, the prescribed independent                     
          administrative review of a proposed rejection of an offer in                
          compromise generally is to be performed by an Appeals manager,              
          which in this case occurred on August 7, 2001.  4 Administration,           
          Internal Revenue Manual (CCH), sec. 8.7.2.3.5(3)(f), at 27,282              
          (Nov. 13, 2001), promulgated under the legislative authority of             
          sec. 7122(d).1                                                              


               1   4 Administration, Internal Revenue Manual (CCH), sec.              
          8.7.2.3.5(3)(f), at 27,282 (Nov. 13, 2001), among other things,             
                                                             (continued...)           





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