Arthur Manjourides - Page 6

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          installment agreement.  2 Administration, Internal Revenue Manual           
          (CCH), sec. 5.14.1.2(9)(e), at 17,504.  The Appeals officer                 
          determined that petitioner was noncompliant with his current tax            
          obligations, having failed to fully pay his 2003 taxes and to               
          make estimated tax payments for tax year 2004.  Petitioner does             
          not dispute that he was not current with his tax filing and                 
          payment requirements but contends that he “was in the process of            
          completing his then current year[’]s return and * * * substantial           
          strides had been made toward bringing the Petitioner into                   
          complete compliance with the law.”  Inasmuch as petitioner admits           
          that he was not compliant with his current tax obligations, the             
          Appeals officer did not abuse his discretion in concluding that             
          petitioner was ineligible for an installment agreement.                     
               In rejecting petitioner’s installment agreement offer, the             
          Appeals officer also determined that petitioner could afford to             
          fully pay his tax liabilities by borrowing against his 50-percent           
          interest in the real estate.  Petitioner contends that this                 
          determination was in error.3  This contention is moot in light of           
          our conclusion that the Appeals officer properly exercised his              


               3 Petitioner contends that the Appeals officer erred in                
          determining the value of petitioner’s 50-percent real estate                
          interest (notwithstanding that the Appeals officer used the                 
          identical value that petitioner had listed on his Form 433-A) and           
          in failing to consider the effect of petitioner’s joint ownership           
          of the real estate with his brother and the effect that                     
          respondent’s lien would have on his ability to borrow against the           
          real estate.                                                                





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