- 16 - the Appeals officer's rejection of petitioners' proposed installment agreement was an abuse of discretion. Petitioners' Offer-in-Compromise The Appeals officer also rejected petitioners' second proposed collection alternative, their $67,000 offer-in- compromise. In doing so, the Appeals officer essentially adopted the recommendation of the offer specialist that petitioners did not qualify for an offer-in-compromise based on doubt as to collectibility because they were capable of paying the entire amount of the outstanding liabilities (by making an initial payment of $40,000 and monthly installments of $2,820 thereafter for 59 months). 11(...continued) outstanding liabilities when the notice of intent to levy was issued on Jan. 30, 2001, totaled $201,191. The aggregate payments under a $1,500 per month installment plan running through July 21, 2007 (the expiration date of the latest period of limitations) would have fallen substantially short of that figure, whether measured from the time when the Appeals officer preliminarily rejected it in Apr. 2002 ($96,000) or finally rejected it in the notice of determination in July 2002 ($91,500). Sec. 6502(a)(2)(A) allows the taxpayer and the Commissioner to extend the period for collection in connection with entering into an installment agreement. The Commissioner's policy generally limits such extensions to no more than 5 years beyond the original expiration of the limitations period. IRM, sec. 5.14.2.1 (Mar. 2002). While there is no evidence that the Appeals officer considered such an extension, this issue is immaterial, as an addition of 5 years to the applicable periods of limitation would still not have resulted in full satisfaction of petitioners' liabilities; i.e., $1,500 per month for an additional 60 months would amount to another $90,000, which, when added to the $91,000 petitioners would pay before the expiration date, would still be less than petitioners' total unpaid tax liabilities.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011