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estate as $363,500. Petitioner did not list any mortgages or
loans that encumbered the real estate.
In reviewing petitioner’s submitted information, the Appeals
officer determined that petitioner had filed his 2003 Federal
income tax return showing a balance due without making full
payment and had failed to make any estimated tax payments for
2004. On August 31, 2004, the Appeals officer informed Mr. Burke
by telephone conference that petitioner was ineligible for an
installment agreement because he was not current with his Federal
income tax obligations and because petitioner had the ability to
fully pay his income tax liabilities by obtaining a mortgage on
his 50-percent interest in the real estate. Mr. Burke indicated
that he would discuss these matters with petitioner.
Having received no response from petitioner or Mr. Burke, on
September 20, 2004, respondent issued the Notice of Determination
Concerning Collection Action(s) Under Section 6320 and/or 6330
(notice of determination). The notice of determination sustained
the proposed collection action and stated:
It is the policy of the Service not to grant an
installment agreement if the taxpayer is not paying his
current tax liabilities. You filed your 2003 tax
return without payment, and no estimated tax payments
have been made for 2004. Therefore, your request for
an installment agreement is denied.
Analysis of the Collection Information Statement which
you submitted indicates that you have the ability to
borrow money to pay your liabilities in full. This is
to your advantage, as it is likely that you will be
able to borrow at a lower rate than the effective
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