John and Donna Ringgold - Page 2

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                                  FINDINGS OF FACT                                    
               On April 1, 1999, John and Donna Ringgold (petitioners)                
          executed and sent respondent Form 4549-CG, Income Tax Examination           
          Changes, in which petitioners agreed to the immediate assessment            
          and collection of additional tax liabilities for 1995 and 1997.             
          The form set forth deficiencies, additions to tax, penalties, and           
          interest through April 21, 1999, totaling $20,100.33.  In an                
          accompanying letter, petitioners offered to settle their entire             
          tax liability for $12,803.00 (i.e., the amount of the balance due           
          excluding additions to tax, penalties, and interest) and                    
          requested 60 days from April 15, 1999, to secure the necessary              
          funds.                                                                      
               Several weeks later, Mr. Ringgold asked respondent’s auditor           
          whether the terms of his letter had been accepted.  The auditor             
          responded affirmatively, but was under the mistaken impression              
          that petitioners’ letter was merely a request for a short-term              
          extension of time to pay the liability.  On April 6, 1999, the              
          auditor prepared and sent to petitioners Form 433-D, Installment            
          Agreement, for $20,100.33 (i.e., the entire amount of the                   
          liability per the audit report), put a hold on the collection               
          activity for 120 days, and closed the file as “agreed”.  On June            
          7, 1999, respondent made an additional assessment, and on                   
          September 6, 2000, sent petitioners a Notice of Federal Tax Lien            








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