Richard T. and Catherine L.. Lites - Page 23

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          remand this case to the Commissioner, whom the law authorizes to            
          make installment agreements.  Lunsford v. Commissioner, 117 T.C.            
          183, 189 (2001); see Harrell v. Commissioner, T.C. Memo. 2003-271           
          (concluding that the issuance of a notice of determination was an           
          abuse of discretion and remanding the matter to the Commissioner            
          for the sole purpose of allowing the taxpayer to pursue                     
          collection alternatives), motion for reconsideration denied T.C.            
          Memo. 2003-312.                                                             
              We shall remand this matter to the Commissioner for the sole           
          purpose of reconsidering petitioners’ $1,200 per month                      
          installment agreement proposal or such other collection                     
          alternatives as petitioners might now wish to offer.  In                    
          evaluating any such collection alternatives, the Commissioner               
          should consider petitioners’ current financial circumstances,               
          petitioners’ current paying and filing compliance, and any other            
          relevant factors.  The Commissioner should also take into                   
          account, to the extent relevant, applicable amendments to section           
          6159(a), which authorize partial payment installment agreements.            
          Petitioners may not further challenge the imposition of the                 
          section 6651(a)(1) and (2) additions to tax or raise any new or             
          additional issues beyond offering collection alternatives.                  
               To reflect the foregoing,                                              

                                                  An appropriate order                
                                             will be issued.                          





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