- 7 - Mr. Lin recommended that petitioner’s OIC be rejected because petitioner had the ability to satisfy his tax liabilities in full and because petitioner was not current in making his estimated tax payments. By letter, petitioner was advised that his proposed OIC was not acceptable. D. The Petition The petition filed with the Court covered tax years 1997, 1998, 1999, 2000, 2001, and 2002. Because the notice of determination addressed only 1997, 1998, and 2000, respondent’s motion to dismiss for lack of jurisdiction and to strike as to the remaining years was granted. In his petition, petitioner states: Release of lien, abatement of penalties and interest, and discharge of $50,000.00 for 1997 taxes. There was no need for the lien. I was not properly notified and I was working with the IRS at the time to resolve these issues. Doubt as to liability. Doubt as to collectibility. Econemic [sic] hardship and unfair and inequitable. I believe I do not owe $50,000.00 for 1997 taxes. This is based on Bad Advice, Ignorance, and Mistakes Made by my tax attorney. I believe I qualify for the Offer in Compromise and or penalty and interest abatement. Discussion A. Petitioner’s Underlying Liabilities Section 6320 entitles a taxpayer to notice of the taxpayer’s right to request a hearing after a notice of lien is filed by the Commissioner in furtherance of the collection from the taxpayer of unpaid Federal taxes. The taxpayer requesting the hearing may raise any relevant issue with regard to the Commissioner’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011