Jerry B. and Donna E. Clawson - Page 9

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          would destroy petitioners’ ability to pay their tax liabilities             
          and how petitioners would be able to pay those liabilities in               
          full in 18 months.  On or about April 6, 2002, McKinnon faxed a             
          response to Riley.  McKinnon’s response stated, in pertinent                
          part:                                                                       
                    If a tax lien is filed, taxpayer’s lenders will                   
               call the notes on which taxpayer’s assets are pledged.                 
               This would put the taxpayer out of business with no                    
               resources to pay the IRS.                                              
                    Taxpayer believes that he will be able to sell the                
               encumbered assets within the next 18 months and clear                  
               enough to pay the IRS in full.                                         
               On July 17, 2002, Riley issued a Final Notice-Notice of                
          Intent to Levy and Notice of Your Right To a Hearing (final                 
          notice) to each petitioner for their unpaid income tax                      
          liabilities for 1999 and 2000.  Clawson’s final notice included             
          the unpaid amount of the trust fund penalty that had been imposed           
          against him for 1991.  Riley sent a copy of the final notice to             
          McKinnon along with a letter that provided the following                    
          explanation:                                                                
               We are taking this action because the taxpayer has not                 
               made Estimated Tax payments for 2000, 2001, nor 2002.                  
               He has only paid seven of ten promised payments toward                 
               the liability as you had suggested in September of                     
               2001.  According to the 2000 Income Tax return, he has                 
               increased his liability substantially via a capital                    
               gain that was not used to pay his tax obligation.                      
               On July 31, 2002, the IRS Office of Appeals denied                     
          petitioners’ Collection Appeal Request of September 19, 2001.               







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