Arthur A. Lemann III and Roberta A. Lemann - Page 15

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          Commissioner, 338 F.3d 463, 466 (5th Cir. 2003); Sego v.                    
          Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner,               
          Petitioners' Proposed Installment Agreement                                 
               The Appeals officer rejected petitioners' initial proposal             
          to pay $1,500 per month to satisfy the liabilities at issue on              
          the grounds that such an installment agreement would not result             
          in satisfaction of the liabilities within the applicable periods            
          of limitation on collection.  Section 6159(a) gives the Secretary           
          discretionary authority to enter into installment agreements to             
          satisfy tax liabilities where he determines that it will                    
          facilitate collection.  Under the statute and regulations                   
          applicable in 2002, generally only installment agreements that              
          allowed a taxpayer to fully satisfy a tax liability before                  
          expiration of the applicable period of limitation on collection             
          were authorized.10  See sec. 6159(a); sec. 301.6159-1(a), Proced.           
          & Admin. Regs.  Petitioners' proposal to pay $1,500 per month was           
          insufficient to satisfy their outstanding tax liabilities in full           
          before the collection period expiration dates, the latest of                
          which was July 21, 2007.11  Accordingly, it cannot be said that             

               10 Sec. 6159(a) was amended by the American Jobs Creation              
          Act of 2004, Pub. L. 108-357, sec. 843(a)(1)(B), 118 Stat. 1600,            
          to authorize the Secretary to enter into installment agreements             
          that do not fully satisfy a tax liability, effective for                    
          agreements entered into on or after Oct. 22, 2004.                          
               11 This proposition is self-evident.  Petitioners'                     

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