Omar Urbina Pineda - Page 19

                                       - 18 -                                         
               As relevant herein, section 6159 authorizes the Commissioner           
          to enter into an installment agreement with taxpayers to satisfy            
          their tax liabilities if the Commissioner determines that such              
          agreements will facilitate the collection of the liability.7                
          Sections 301.6159-1, 301.6320-1, and 301.6330-1, Proced. & Admin.           
          Regs., together with the Internal Revenue Manual (IRM), provide             
          the procedures for determining whether an installment agreement             
          will facilitate collection of the liability.  See, e.g., Orum v.            
          Commissioner, supra at 13 (upholding Commissioner’s determination           
          because the taxpayers failed to timely provide requested                    
          information regarding their current financial condition in                  
          accordance with IRM guidelines); see also 2 Administration,                 
          Internal Revenue Manual (CCH), pt. 5.19.1.5.4.1, (July 1, 2002).            
          For an installment agreement to be approved, a taxpayer must be             
          in compliance with all filing requirements.  Internal Revenue               
          Manual (CCH) pt. 5.14.1.4.1(5) (July 1, 2002); see Rodriguez v.             
          Commissioner, T.C. Memo. 2003-153 (a determination that a                   
          taxpayer is not entitled to a collection alternative such as an             
          offer-in-compromise does not constitute an abuse of discretion if           
          the taxpayer was not currently in compliance with Federal tax               
          laws).                                                                      


               7  Sec. 6159(c), an exception not herein presented, requires           
          the Commissioner to enter into an installment agreement in                  
          certain circumstances (generally involving tax liabilities of               
          less than $10,000).                                                         





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011