- 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