- 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 sufficientPage: 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