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uncovered.” The Appeals case memorandum concluded: “Hazards to
the governments’ [sic] position appear to exist and there appears
to be some grounds for settlement * * * Any percentage based
settlement is clearly beyond the reach of the taxpayer based on
the total balance of tax due and his relative inability to pay.”
On May 9, 2002, respondent issued a Notice of Determination
Concerning Collection Action(s) Under Section 6320 and/or 6330 to
petitioner regarding his 1986, 1987, 1988, 1989, and 1992 tax
years (notice of determination). In the notice of determination,
respondent determined that the liens filed on or about April 9,
2001,6 were appropriate and “will remain in full force and effect
until satisfied or unenforceable by law.”
In discussing the OIC as a collection alternative, the
attachment to the notice of determination (the attachment) noted:
“While it appears clear that the taxpayer does not have the
ability to liquidate the full amount of $7,000,000 a reasonable
amount could not be calculated” and “additional investigation is
required to determine an acceptable offer amount.” The
attachment further noted that the OIC was returned to the
compliance function for additional research and calculation. The
attachment also stated that petitioner disputed the $5 million
figure listed on the 1989 return, respondent had previously coded
6 It is unclear why the date was listed as Apr. 9, 2001,
instead of Apr. 17, 2001.
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Last modified: May 25, 2011