Gerry Ashurst - Page 8

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          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.                                                   





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