Ronald J. and June M. Speltz - Page 25

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          petitioners’ offer in compromise if the motion for summary                  
          judgment is denied.  Petitioners have repudiated this suggestion            
          and asked us to decide this case on the arguments presented.  In            
          view of petitioners’ position, for purposes of this case, that              
          they should not be required to pay any more than the amount that            
          they offered, differences as to the calculation of their ability            
          to pay installments are not material and do not preclude                    
          resolution of this case on summary judgment.  See Rule 121(b).              
          We are not in a position to determine the amount or duration of             
          any installments that petitioners could or should be required to            
          pay.  The only issue before us is whether there was an abuse of             
          discretion in refusing the offer in compromise in the amount of             
          $4,457 and concluding that the lien filed by the IRS should                 
          remain in place.  As respondent points out, any levy on                     
          particular assets of petitioners that the IRS proposes to pursue            
          in the future will also require notice and an opportunity to be             
          heard under section 6320 or 6330.  Petitioners may submit another           
          offer in compromise.  Petitioners’ income and expenses may                  
          change.  We conclude, however, that there was no abuse of                   
          discretion in declining to accept petitioners’ offer dated                  
          November 2, 2001, and continuing the lien in effect.                        

                                                  Order and Decision will             
                                             be entered for respondent.               







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