David E. Caruso, Jr. and Barbara Caruso - Page 5

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          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, they                    






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