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instead determining that the account should be treated as
“currently not collectible (CNC)”; the account should be
revisited when petitioner’s income exceeds $35,000; and “levies
will not be pursued.” Unless otherwise indicated, all section
references are to the Internal Revenue Code in effect for the
years in issue, and all Rule references are to the Tax Court
Rules of Practice and Procedure.
Background
Petitioner resided in Missouri at the time the petition was
filed. On December 19, 1996, petitioner executed a Form 870,
Waiver of Restrictions on Assessment and Collection of Deficiency
in Tax, consenting to additional income tax assessments for 1993,
1994, and 1995. The additional taxes were assessed on
February 17, 1997. On July 15, 2000, the Internal Revenue
Service (IRS) mailed to petitioner a Final Notice - Notice of
Intent to Levy and Notice of Your Right to a Hearing. Attached
to the notice was a schedule showing then unpaid balances of
$1,566.69 for 1993, $5,901.55 for 1994, and $5,693.97 for 1995.
Petitioner requested a hearing under section 6330,
designating Frank L. Zerjav (Zerjav), C.P.A., as his
representative. In August 2000, petitioner submitted to the IRS
a Form 656, Offer in Compromise, in which he offered to pay the
total of $100 in satisfaction of his liabilities for 1993, 1994,
and 1995. On February 26, 2001, Appeals Officer James B. Wallace
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