-6- petitioners’ offer in compromise based on the incorrect assumption that they did not file the referenced tax returns for 2002. In answer, respondent alleged that petitioners were precluded by section 6330(c)(2)(B) from litigating in this proceeding the amount or existence of their underlying tax liability. According to respondent, the amount of taxes owed by petitioners, the amount of their payments, the application of those payments, the rates and accrual of interest, and all other relevant matters alleged by petitioners in their petition to be improper had been within the scope and jurisdiction of the bankruptcy court, and petitioners had the full opportunity in their bankruptcy proceeding to challenge the amounts and existence of any taxes under the jurisdiction of the bankruptcy court. On March 14, 2005, approximately 3 weeks after respondent’s answer was filed, petitioner and respondent filed with the Court a stipulation of settlement asking the Court to enter a decision against petitioner fixing an agreed-upon amount of unpaid income taxes (inclusive of additions to tax, penalties, and interest) as of March 15, 2005. Discussion Respondent and petitioner ask the Court to enter a decision fixing an agreed-upon amount of petitioner’s unpaid FederalPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011