James Dwain & Jill R. Haws - Page 10

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          April 3, 2001, entries represent belated recordations of the                
          June 1, 2000, installment agreement.                                        
               On the basis of the limited evidence in the record and                 
          respondent’s failure adequately to explain his own administrative           
          processes or even to maintain a consistent position with respect            
          thereto, we conclude that petitioners and respondent mutually               
          intended to include in the June 1, 2000, installment agreement              
          all years, including 1992, as to which petitioners had unpaid tax           
          liabilities.  We further conclude that in drafting the                      
          installment agreement, respondent’s employees or agents                     
          inadvertently omitted any reference to the 1992 tax year and also           
          inadvertently omitted the corresponding amount of 1992 unpaid               
          tax.  We further conclude that, notwithstanding these erroneous             
          omissions, respondent regarded the installment agreement as                 
          covering petitioners’ 1992 tax year, as reflected by the April 3,           
          2001, entry on petitioners’ transcript of account.                          
               Consequently, we agree with petitioners that the installment           
          agreement covered their 1992 year.  As explained below, however,            
          we disagree with petitioners that the installment agreement, by             
          listing a total “amount owed” for all tax periods that was less             
          than their unpaid 1992 tax liability, thereby abrogated or                  
          limited their obligation to pay their 1992 taxes.                           

               6(...continued)                                                        
          Apr. 3, 2001, when the installment agreement was recorded for the           
          other years.                                                                





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