Dennis and Nancy Flynn - Page 7

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          a complete set of documents and correspondence that he had                  
          previously submitted to Sims.  Leiba wanted the Appeals Office to           
          have a complete set of documents to review in evaluating                    
          petitioners’ request.                                                       
               On May 25, 1999, Sims prepared a penalty appeal record                 
          regarding petitioners’ late payment addition for 1993, 1995, and            
          1996.  In it, he pointed out that petitioners had a substantial             
          amount of wages in 1993 and that petitioners had an inadequate              
          amount of withholding for 1992 and 1993.                                    
               On June 10, 1999, Appeals Officer Joe Gurnaby (Gurnaby)                
          wrote Leiba to tell him that he had received petitioners’ request           
          to abate the late payment addition for 1993, 1995, and 1996.  On            
          October 13, 1999, Gurnaby wrote Leiba to tell him that he had               
          reviewed petitioners’ request.  Gurnaby said that petitioners               
          earned good salaries and that their withholding for 1993, 1995,             
          and 1996 was significantly less than their tax due.  Leiba faxed            
          a letter to Gurnaby on November 24, 1999, reminding him of                  
          petitioners’ bankruptcy and foreclosure and enclosing other                 
          documents that he had provided to respondent earlier.                       
               After reviewing Leiba’s November 24, 1999, letter, Gurnaby             
          wrote Leiba to tell him that Gurnaby would recommend that                   
          petitioners’ request to abate the late payment addition be                  
          denied.  In that letter, Gurnaby stated his opinion that                    
          petitioners’ bankruptcy and foreclosure did not establish that              






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