Michael W. Braun - Page 6

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               Respondent sought to reassure petitioner by letter that                
          Appeals was independent of other offices in the IRS.  Respondent            
          explained that petitioner could openly discuss matters with                 
          Appeals, that he had the right to legal representation at a                 
          conference, and/or he could be accompanied by another person.               
          Again, petitioner refused respondent’s gesture and insisted upon            
          a written record of communication.                                          
               Petitioner raised his offer in compromise again, this time             
          to the full amount of the Brauns’ tax liabilities for 1994 and              
          1997, excluding interest.8  Petitioner’s amended offer also                 
          required that respondent admit to having committed errors.                  
          Investment Account Information                                              
               During consideration of petitioner’s offers, Appeals                   
          requested the “current value” of petitioner’s 401(k) account.9              
          Twice petitioner sent respondent the current “vested” amount                
          rather than the “current value.”  Respondent’s Taxpayer Advocate            
          (the TA) later explained the distinction to petitioner.  The TA             
          also told petitioner that respondent should have requested “all”            


               8At that time, petitioner computed his full tax liability,             
          less interest, at $5,180.12.  Petitioner later stated that his              
          full tax liability, less interest, was $4,586.27.  Each time that           
          petitioner amended his offer in compromise, he did so by letter             
          to respondent, rather than by submitting an updated Form 656,               
          Offer in Compromise.                                                        
               9On Mar. 25, 2002, petitioner replied that the current                 
          vested balance in his 401(k) account was $1,671.59 as of Dec. 31,           
          2001.  Later, petitioner reported that the current vested balance           
          in his 401(k) account was $4,384.54 as of Oct. 30, 2002.                    




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