- 2 - (notice of determination). The issues for decision are: (1) Whether respondent abused his discretion in failing to abate interest, and (2) whether respondent improperly refused to abate assessments for additions to tax for failure to file under section 6651(a)(1) and failure to pay under section 6651(a)(2). Background Some of the facts have been stipulated, and they are so found. Petitioners resided in Tampa, Florida, at the time the petition was filed. Petitioners filed a 1997 Federal income tax return on March 1, 2001. The 1997 return reflected a tax due. There was no remittance with the return. Respondent assessed the tax as well as interest and additions to tax. On May 1, 2002, respondent received an offer in compromise (OIC) submitted by petitioners. The OIC was returned to petitioners on May 23, 2002, because respondent’s records reflected that petitioners were not current in the filing of quarterly employment tax returns. By cover letter dated June 27, 2002, petitioners resubmitted the OIC. Petitioners advised in the letter that there was no payroll for their business, and therefore no employment tax returns were due. The OIC was rejected in an Internal Revenue Service letter dated April 21, 2003. The letter advised petitioners that the amount offered was less than the reasonable collection potential.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011