William C. Eberhardt, Jr. and Susan A. Eberhardt - Page 3

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          Procedure.  The decision to be entered is not reviewable by any             
          other court, and this opinion should not be cited as authority.             
               The petition in this case was filed in response to a Notice            
          of Determination Concerning Collection Action(s) Under Section              
          6320 and/or 6330.  Pursuant to section 6330(d), petitioners seek            
          review of respondent's determination to proceed with collection             
          of their tax liability of $40,094.22 for 1995.  At trial,                   
          petitioners also challenged the amount of interest that has                 
          accrued on their tax liability.  The issues for decision are                
          whether:  (1) The Appeals officer abused her discretion in                  
          rejecting petitioners' Offer in Compromise (OIC) and sustaining a           
          proposed levy to collect petitioners' unpaid income tax                     
          liability; and (2) the Appeals officer should have abated                   
          interest assessed with respect to petitioners' liability for the            
          1995 tax year.                                                              
               The stipulation of facts and the exhibits received into                
          evidence are incorporated herein by reference.  Petitioners                 
          resided in Riverside, California, at the time the petition was              
          filed.                                                                      
                                     Background                                       
          A.  Examination of Petitioners' Individual Income Tax Return for            
          1995                                                                        
               On April 15, 1996, petitioners filed a joint Form 1040, U.S.           
          Individual Income Tax Return, for 1995.  On September 23, 1997,             
          respondent notified petitioners that their 1995 return had been             





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