Jerry B. and Donna E. Clawson - Page 12

                                       - 12 -                                         
          penalty that had been imposed against him for 1991 (a matter not            
          before us or within our jurisdiction).  Luhmann provided, in                
          pertinent part, the following explanation for sustaining the                
          proposed levy:                                                              
               The Revenue Officer advised you of pending enforcement                 
               action on 08/15/01.  After you failed to sell your                     
               house to satisfy this liability, the Revenue Officer                   
               proceeded to issue the Notice of Intent to Levy.                       
               LT1058 Notice of Intent to Levy was issued by certified                
               mail to your last known address.  The Revenue Officer                  
               had a levy source and levy was the next anticipated                    
               action.  The Revenue Officer followed the legal and                    
               administrative requirements necessary for issuing a                    
               Notice of Intent to Levy.                                              
                         *    *    *    *    *    *    *                              
               Issues raised by the taxpayer:                                         
               On an attachment to Form 12153, you raised the issue of                
               selling your house as an alternative to collection                     
               action.  Your power of attorney raised this issue                      
               during your hearing on 10/21/02 and requested more time                
               to sell your second home, valued at $2.9 million.  A                   
               copy of the listing agreement shows that this property                 
               has been on the market since September of 2001.  I                     
               recognize that it takes longer to sell a home valued at                
               $2.9 million than it would to sell a home priced at the                
               median value in your market.  Even so, thirteen months                 
               should have been sufficient to either sell or borrow                   
               against the property.  Your power of attorney advised                  
               me during your hearing that you borrowed against the                   
               property to meet your expenses in the last year.                       
                         *    *    *    *    *    *    *                              
               Balancing the need for efficient collection with the                   
               taxpayer concern that the collection action be no more                 
               intrusive than necessary:                                              
               Revenue Officer Vicki Riley has been working with you                  
               since August of 2001 to see that this liability is                     
               paid.  I can find no compelling reason to further delay                
               the collection of this account.  There is sufficient                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011