- 8 - Petitioners claim they cannot fully pay the liability, but the financial information submitted to the Appeals officer shows assets and equity exceeding $1.15 million. The liabilities date back to April 15, 1993, and petitioners have had a number of years to liquidate part or all of their assets or borrow against their equity. It is not an abuse of discretion for respondent to require that taxpayers with sufficient assets to satisfy their liabilities pay them off more rapidly than would be accomplished by the proposed installment agreement. See Clawson v. Commissioner, T.C. Memo. 2004-106. Petitioners claim that they are entitled to an installment agreement so that they can sell their properties in an “orderly fashion”, but the Appeals officer was not given any assurances that the sales would occur within a reasonable period of time, and in light of petitioners’ apparent indifference to their past income tax liabilities in this case, the action of the Appeals officer is fully justified. Moreover, petitioners’ $100,000 payment subsequent to the Appeals hearing does not change our holding, even if indeed it is relevant to our consideration of this case. See Robinette v. Commissioner, 123 T.C. 85 (2004). In any event, the $100,000 payment leaves a balance of at least $500,000, a sum too large to be discharged within the collection period by monthly installments of $1,500.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011