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an installment agreement for $130.00/month, payable on
the 26th of each month. The taxpayer understands that
interest will continue to accrue on the balances owed
until the amounts are paid in full. The taxpayer also
understands that a Notice of Federal Tax Lien may be
filed if the agreement defaults. The taxpayer verbally
agreed to these terms, and was provided Form 433D,
Installment Agreement for review. However, the tax-
payer still desired an in-office conference to be
recorded via court stenographer.
An in-office conference, audio taped by Appeals, as
well as recorded via court stenographer, was held on
December 18, 2003 at 10:30 a.m. At this conference,
the taxpayer supplied the signed Form 433D, Installment
Agreement, agreeing to the terms as detailed above. He
also provided his first installment payment as well as
the one-time user fee of $43.00. He was provided with
the opportunity to raise any and all other issues of
concern to him. Again, the underlying liability issue
was raised, and the IRS’ position, as stipulated in the
Decision document from Hudspath v. Commissioner (U.S.
Tax Court Docket No. 7901-00), was reiterated to the
taxpayer.
The taxpayer again acknowledged receiving IRS
worksheets, but did not realize that he could have
disputed the amounts as determined by the IRS. The
taxpayer was advised during the Appeals conference that
if he possessed substantive information that would
change the actual amounts of the computations (i.e.
proof of a math error made on the part of the IRS,
etc.), that he could potentially pursue a request for
abatement. Mr. Hudspath advised he possessed no such
information. He does not believe there should be any
assessments at all.
The taxpayer advised that he would be petitioning Tax
Court to challenge the underlying liability even fur-
ther. However, he would not be raising the issue of
achieving a collection alternative, because he is in
agreement with the terms of his signed Form 433D.
BRIEF BACKGROUND OF ASSESSMENT
The outstanding liabilities for 1996 and 1997 are the
result of TEFRA flow-through adjustments from two TEFRA
entities: WINN [sic] ENTERPRISES, LC., and STEPHENS
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