George Ira Nicol - Page 7

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          2000 were reversed and then reallocated to the 1997 joint tax               
          liability.  Subsequently, the Nicols informed the Appeals officer           
          that they could not pay their outstanding tax liabilities for               
          1993 and 1997.                                                              
               During the CDP hearing, Mrs. Nicol also inquired about the             
          interest for 1997.  The Appeals officer sent Mrs. Nicol INTST2              
          printouts of her joint tax account with petitioner on February              
          22, 2002, and again on March 6, 2002.  There is no evidence in              
          the record that either petitioner or Mrs. Nicol ever asked for an           
          abatement of interest for 1997 or that they ever inquired about             
          or requested an abatement of the interest for 1993.                         
          D.  Notices of Determination                                                
               In Notices of Determination Concerning Collection Action(s)            
          Under Section 6320 and/or 6330, dated May 16, 2002, respondent              
          determined that the legal, administrative, and procedural                   
          requirements for proceeding with collection by lien of                      
          petitioner's income tax had been met.                                       
               On June 17, 2002, petitioner timely filed a petition in this           
          Court challenging the 1993 deficiency and alleging that                     
          respondent failed to offer or discuss collection alternatives.              

               2An INTST is an internal IRS interest and penalty                      
          computation program.  It shows the amount of taxes, tax                     
          penalties, and interest due from or owing to the taxpayer with              
          respect to a tax account as of a specific date, based upon both             
          posted and pending transactions.  Kay v. IRS, 82 AFTR 2d 6138,              
          98-2 USTC par. 50,707 (C.D. Cal. 1998), affd. without published             
          opinion 225 F.3d 663 (9th Cir. 2000).                                       





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