Allen Charles Schenkel - Page 11




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          See Schulman v. Commissioner, T.C. Memo. 2002-129.                          
               Appeals Officer Otterson offered petitioner an alternative             
          to the second OIC.  Appeals Officer Otterson advised petitioner             
          that respondent would be able to accept an installment agreement            
          that would pay off petitioner’s tax liability.  Appeals Officer             
          Otterson told petitioner to let him know if petitioner was                  
          interested in discussing this possibility.  Petitioner, however,            
          did not contact Appeals Officer Otterson regarding an installment           
          agreement.                                                                  
               Respondent’s determination was based on a financial analysis           
          of petitioner’s income, assets, and allowable expenses and his              
          ability to pay.  See id.  Petitioner offered to pay less than               
          $5,000 on a liability that as of January 26, 2001, was in excess            
          of $18,000.6  Respondent gave due consideration to collection               
          alternatives.  See id.  We conclude that respondent’s                       
          determination was reasonable.                                               
               Petitioner has failed to raise a spousal defense or make a             
          valid challenge to the appropriateness of respondent’s intended             
          collection action.  These issues are now deemed conceded.  See              





               5(...continued)                                                        
          outstanding tax liabilities.                                                
               6  Furthermore, we note that the amount petitioner offered             
          to pay also is thousands of dollars less than the total amount of           
          petitioner’s assessed tax liabilities, excluding penalties and              
          interest, listed on the Forms 4340.                                         




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