- 11 - petitioner’s account “currently not collectible”, and petitioner disputed that the trusts and corporation are the nominees of petitioner. On September 25, 2002, respondent mailed petitioner’s OIC back to him. The OIC is stamped in the upper left hand corner “RETURNED”. A letter from Philip W. Sullivan, OIC Group Manager, explained the reason the IRS was “returning” petitioner’s OIC: The offer in compromise can not [sic] be considered since the taxpayer has petitioned the Tax Court for review of the liabilities that are subject of the offer in compromise. The collection potential analysis that must be performed in evaluating the taxpayer’s offer may change based on the outcome of the Tax Court case. Petitioner’s transcripts of account for 1986, 1987, 1988, 1989, and 1992 list the OIC as “rejected” on this same date. OPINION I. Sections 6320 and 6330--General Legal Principles Section 6320 provides that the Secretary shall furnish the person described in section 6321 with written notice (i.e., the hearing notice) of the filing of a notice of lien under section 6323. Section 6320 further provides that the taxpayer may request administrative review of the matter (in the form of a hearing) within a 30-day period. The hearing generally shall be conducted consistent with the procedures set forth in section 6330(c), (d), and (e). Sec. 6320(c). Pursuant to section 6330(c)(2)(A), a taxpayer may raise at the section 6330 hearing any relevant issue with regard to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011