Hector Castillo and Mooneem Castillo - Page 8

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               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.                                   








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