- 10 - an offer-in-compromise was a viable option in their circumstances.2 On November 25, 2003, the IRS issued to petitioners a Decision Letter Concerning Equivalent Hearing Under Section 6320 and/or 6330 of the Internal Revenue Code with respect to 1999, sustaining the proposed levy collection action but abating the late filing addition. Likewise, also on November 25, 2003, a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 was issued to petitioners with respect to 2000.3 The notice summarized the determination as follows: 2 It appears from the record that the Nov. 17, 2003, letter may have been received by the IRS after Mr. Skidmore completed his consideration of petitioners’ 1999 and 2000 case. However, as indicated infra, the substance of the information therein was fully considered by Mr. Skidmore in conjunction with his subsequent review of petitioners’ 2001 and 2002 tax years and did not alter (and thus would not as to 1999 and 2000 have altered) his conclusions. Any timing issues are immaterial on these facts. 3 It appears from the administrative file that the IRS prepared two notices of determination dated Nov. 25, 2003, with respect to petitioners’ 2000 tax year. The notices are identical except for the certified mail numbers handwritten on the first pages and the fact that one is signed by Appeals Team Manager Marianne Hudson and the other is signed by Appeals Team Manager Wesley D. Anderson. It is unclear if both were sent to petitioners. Perhaps, despite being addressed to both petitioners, one was intended for Mr. Cox and the other for Mrs. Cox. In any event, petitioners attached the notice signed by Marianne Hudson to their petition for 2000, and it is that notice that the parties annexed to the stipulation of facts and stipulated was the document upon which the case at docket No. 21733-03L was based. Consistent with the parties’ approach, the Court will treat the stipulated notice as the operative document for purposes of this proceeding and will disregard the possible (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011