James Dwain & Jill R. Haws - Page 17

                                       - 16 -                                         
          payout information contained on the Form 433-D or from their                
          following the advice of respondent’s employees or agents to                 
          discontinue their installment payments, the Appeals Office should           
          consider whether it is appropriate to abate interest associated             
          with such delay.  Cf. Douponce v. Commissioner, T.C. Memo. 1999-            
          398.  In light of the confusion caused by respondent’s errors in            
          processing this case, petitioners should also be allowed to make,           
          and the Appeals Office should consider, a new offer in compromise           
          or a new installment agreement.                                             
               On remand, the Appeals Office should also determine whether            
          Mrs. Haws should have been included in the notice of                        
          determination.  We point out that petitioners are joint filers,             
          the levy is proposed for a joint tax liability, and respondent              
          issued a notice of intent to levy addressed to both petitioners.            
          Also, the administrative record shows that throughout this                  
          proceeding respondent has addressed correspondence to both                  
          petitioners.  Further, there is no evidence that respondent                 
          contacted Mrs. Haws regarding her failure to sign Form 12153.               
          See 4 Administration, Internal Revenue Manual (CCH), sec.                   
          8.7.2.3.3(3), at 27,277 (effective Nov. 13, 2001) (stating that             
          Appeals should attempt to get written confirmation from a                   
          nonsigning spouse whether he or she also wishes a hearing).                 
          Accordingly, we withhold action on respondent’s motion to dismiss           








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