- 4 - May 23, 2003, sent to the IRS that had requested removal and abatement of additions to tax and interest and had included the payment of $82,820. In that letter, petitioners explained: the 1999 return involved very unusual circumstances in its complexity and need for documents involving sales of renovated real estate. Unfortunate events kept interrupting our efforts to file in a timely manner, including death of a parent and estate duties, loss of job, and health problems. The Appeals officer assigned to petitioners’ case experienced numerous delays in reaching petitioners and receiving documentation from them. Finally, on August 9, 2004, the Appeals officer issued a notice of determination sustaining the levy. In the notice, the Appeals officer noted that petitioners had not requested either an installment agreement or an offer-in- compromise, nor were they eligible for either because they were delinquent in filing Federal income tax returns for several years. Petitioners filed a timely petition with this Court appealing the decision. The Court must decide whether petitioners are entitled to relief from the Appeals officer’s determination. Where the underlying tax liability is properly at issue before the Appeals officer, this Court reviews that issue on a de novo basis. Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). Although petitioners did not receive a notice of deficiency and were entitled to challenge the underlying tax liability, theyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011