Gunter R. and Jay R. Wall - Page 5

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               IRS collection will not consider expected change to income,            
               health expenses, etc. on Form 433-F mailed on 5/24/01.  IRS            
               collection will not accept a $50.00 monthly payment “an                
               amount we can pay” per Publication 594.                                
          Pursuant to petitioners’ request, an Appeals officer conducted              
          two telephonic hearings with petitioner.                                    
               On July 29, 2002, respondent issued a Notice of                        
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330, in which respondent found the Notice of Intent to              
          Levy for 1999 to be proper and determined that collection of the            
          tax liabilities for that year should proceed.  The notice of                
          determination states that the following issues were raised by               
          petitioners at the hearing:                                                 
                    IRS will not consider unexpected changes to income and            
               expenses.  During our conversation on 07-10-2002, I                    
               explained that if we entered into an installment agreement             
               and subsequent to that agreement income decreased, then you            
               should notify IRS of the change in income.  The same is true           
               for allowable expenses.  If medical increased, or if you               
               purchased a car, then the proper adjustment would be made to           
               expenses, resulting in a decreased payment amount.                     
                    You would like to pay $50.00 monthly.  As explained to            
               you, based on your current average monthly income of $5,222            
               vs. allowable expenses totaling $4,324, you have the ability           
               to pay $898 monthly.  We cannot consider $50 monthly.  You             
               stated $50 is the maximum you can pay.                                 
          The notice further stated:                                                  
                    Collection alternatives must be considered within the             
               guidelines and policies of the Internal Revenue Service.  We           
               do not have a provision to enter into an installment                   
               agreement for $50 monthly considering the total amount owed,           
               $898 disposable income, and that you continue to owe each              
               year.  We suggested that you decrease the number of                    
               dependents claimed on your W-4 Form (so you won’t owe each             
               year), however, your response was that you refuse to do                
               this.                                                                  





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