- 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 dismissPage: 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