Thomas G Collier - Page 4

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          petitioner a letter requesting that petitioner contact him no               
          later than November 18, 2002, to arrange a convenient meeting.              
          Petitioner telephoned Mr. Payton on November 19, 2002, and a                
          conference was scheduled for November 27, 2002, at 10:00 a.m.               
               A face-to-face hearing between petitioner and Mr. Payton was           
          conducted on November 27, 2002, as scheduled.  Petitioner                   
          communicated that, in addition to his employment as a wage-                 
          earning operator for a third-party entity, he was the self-                 
          employed owner of an air conditioning repair business.  He                  
          further indicated that he employed three individuals but was                
          unable to stay current with his employment tax responsibilities.            
               Petitioner at the hearing also provided Mr. Payton with a              
          Form 433-A, Collection Information Statement for Wage Earners and           
          Self-Employed Individuals, and stated that he thought Mr. Hamrick           
          had filed an offer in compromise on his behalf.  Mr. Payton                 
          explained that the IRS had no record of receiving an offer in               
          compromise but that petitioner would not be eligible for such an            
          alternative because he was not in compliance with requirements              
          for filing returns for and paying employment tax obligations.               
          During the hearing, petitioner raised no issues other than                  
          resolution of the unpaid liabilities by means of an offer in                
          compromise.  Specifically, for instance, he did not raise the               
          correctness of the underlying income tax liabilities which were             
          the subject of the collection action.                                       






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