James Dwain & Jill R. Haws - Page 5

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          subsequent $125 payment were credited against petitioners’ 1992             
          tax liability.3                                                             
               At some point, apparently after November 16, 2000,                     
          petitioners received notice from respondent of an unpaid 1992 tax           
          liability that exceeded the amount indicated on the installment             
          agreement.  They made inquiries of Appeals Officer Baker, who               
          advised them to make no more installment payments until he                  
          ascertained what had happened.4                                             
               On January 26, 2002, respondent issued to petitioners a                
          notice of intent to levy with respect to their 1992 unpaid tax.             
          On or about February 15, 2002, petitioners filed a Form 12153,              
          Request for a Collection Due Process Hearing, signed only by Mr.            
          Haws.  On the Form 12153, Mr. Haws’ explanation of his reasons              
          for disagreeing with the proposed collection action states in its           
          entirety:  “I have paid taxes as agreed thru Appeals & Advocates            
          Office”.                                                                    




               3 In respondent’s transcripts of accounts, each of the five            
          payments is described as a “Miscellaneous Payment”.  The only               
          explicit references to the installment agreement in respondent’s            
          transcripts of accounts are identical entries for petitioners’              
          1992, 1993, and 1994 tax years, which simply state “Installment             
          Agreement.”  These entries are dated Apr. 3, 2001--some 9 months            
          after the installment agreement was executed and after petitioner           
          had already made five payments pursuant to the installment                  
          agreement.                                                                  
               4 The record does not reflect what further communications,             
          if any, petitioners might have had with Appeals Officer Bob                 
          Baker.                                                                      




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