Peter and Margaret Giragosian - Page 4

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          amount of the excess credit that had been claimed3 as well as the           
          tax shown as due and owing on the return  Sec. 6213(b).                     
               On July 30, 2002, respondent notified petitioners of an                
          intent to levy with respect to petitioners’ unpaid tax                      
          liabilities for 1998 and 1999.  The notice listed $2,729.10 due             
          for 1998 and $3,014.71 due for 1999.                                        
               Petitioners filed a timely Form 12153, Request for a                   
          Collection Due Process Hearing.  In their request, petitioners              
          requested an explanation of their underlying tax deficiencies for           
          the years in question and complained of numerous delays by the              
          IRS.  An Appeals officer subsequently provided petitioners with a           
          written explanation of both their error and the IRS adjustments.            
          Petitioners did not offer any documentation in dispute of this              
          explanation, nor did they propose any collection alternatives;              
          therefore, on August 15, 2003, respondent issued a Notice of                
          Determination to petitioners, concluding:                                   

               you have not established the underlying tax liability to be            
               incorrect.  You did not correctly figure the limitation on             
               low-income housing credits on your original tax returns, and           
               they were corrected during processing.  You did not provide            
               financial information, as requested, to enable consideration           
               of collection alternatives * * *  The tax will not be abated           
               and the lien will not be released or withdrawn.                        


               3The record does not reflect the exact dates on which the              
          errors on petitioners’ 1998 and 1999 Federal income tax returns             
          were corrected; however, petitioners stipulated the underlying              
          tax deficiencies for both years.  The exact dates, therefore, are           
          inconsequential.                                                            





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