- 7 - their OIC. In the letter, Settlement Officer Brandon stated that, based on the data petitioners submitted, it appeared that petitioners could make monthly payments in the amount of $439 and could therefore pay their liability in full within the limitation period. Settlement Officer Brandon also offered petitioners an installment agreement as a collection alternative (Installment Agreement). The Installment Agreement provided for the payment of $439 per month for 13 months and $604 per month thereafter,5 until the liability was paid in full. On January 3, 2004, petitioners sent, via facsimile, a letter to respondent that we interpreted as petitioners’ rejection of the Installment Agreement proposed by Settlement Officer Brandon. The issue now before us, therefore, is whether Settlement Officer Brandon abused his discretion in rejecting petitioners’ OIC and allowing collection by levy action to proceed. Discussion Before a levy may be made on any property or right to property, a taxpayer is entitled to a fair hearing before an impartial officer of the Appeals Office. Secs. 6330(a) and (b), and 6331(d). If the taxpayer requests a hearing, he may raise at that hearing any relevant issue relating to the unpaid tax or the 5 Petitioners are expected to have satisfied certain medical expenses after 13 months.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011