Michael A. Zapara and Gina A. Zapara - Page 33

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         remain unpaid, after crediting their accounts in accordance with             
         this Opinion.                                                                
         VI. Whether the Appeals Officer Abused Her Discretion                        
              A.  Installment Agreement                                               
              At some point before Appeals Officer Janice Rich was                    
         assigned to petitioners’ section 6330 case, petitioners proposed             
         to pay $4,000 each month or $12,000 each quarter towards their               
         1997 and 1998 unpaid income tax liabilities.  In a letter dated              
         November 2, 2000, Revenue Officer F. Stevens informed petitioners            
         that respondent could not accept their proposal, partly because              
         they were not current in filing Federal tax returns.                         
              Petitioners argue that respondent’s failure to accept their             
         payment proposal was an abuse of discretion.  Petitioners allege             
         that respondent’s own actions precluded petitioners from filing              
         returns in subsequent tax years.  Petitioners fail to explain,               
         however, how respondent’s actions precluded them from filing tax             
         returns.  On the record before us, we find petitioners’                      
         allegation implausible.  In any event, respondent cited numerous             
         reasons for rejecting petitioners’ payment proposal, including               
         their ability to make full or significant payment of all taxes               
         due, their failure to submit collection information statements,              
         and their failure to include all outstanding tax years.  Finally,            
         there is no indication in the record that petitioners proposed               
         their payment plan in the Appeals hearing.  Generally, this Court            






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