Thomas G Collier - Page 5

                                        - 5 -                                         
               The aforementioned Notice of Determination Concerning                  
          Collection Action(s) Under Section 6320 and/or 6330 was issued to           
          petitioner on January 7, 2003.  The notice summarized                       
          respondent’s determination:  “You are not in compliance with                
          filing and paying payroll taxes, therefore Appeals [sic] only               
          alternative is to sustain the proposed Levy.”  An attachment to             
          the notice provided further details, including the following                
          discussion under the heading “Issues raised by the Taxpayer”:               
               Issue:  You didn’t want the Internal Revenue Service to                
               take any levy actions.  You thought your Power of                      
               Attorney filed an Offer-In-Compromise as doubt to                      
               collectibility on your behalf.                                         
               Response:  On 11/27/2002, we had a face-to-face                        
               conference.  You stated at our meeting that you have                   
               accrued 941 tax liabilities from 1998 to present and                   
               will not be able to file timely 941 tax returns or make                
               current federal tax deposits at this time.                             
               IRC �7122 authorizes the Secretary of the Treasury to                  
               settle, or compromise, federal tax liabilities by                      
               accepting less than full payment under certain                         
               circumstances.                                                         
               IRM [Internal Revenue Manual] 5.8.3.3(4) (rev. 2-4-                    
               2000) states that an Offer cannot be processed if the                  
               taxpayer has not filed all tax returns.                                
               I researched your account and did not find that there                  
               was an Offer under consideration.  Furthermore, per the                
               compliance requirements, you would not qualify for an                  
               Offer at this time.                                                    
               No other relevant issues were raised.                                  
               An imperfect petition challenging this notice of                       
          determination was filed with the Tax Court on February 11, 2003.            







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011