Gary and Cynthia Stein - Page 14

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          of Federal Tax Lien that he was in danger of default.  As                   
          previously stated, we find that petitioners were in receipt of              
          written and verbal notice of their default.  Moreover, we find              
          that petitioners were aware that their repeated noncompliance               
          with the 5-year timely filing requirement placed them in default            
          on the underlying OIC.                                                      
               We therefore cannot conclude that respondent acted in an               
          arbitrary or capricious manner based on the facts of this case.             
          Petitioners were well aware of their duty to timely file and pay            
          their taxes for the 5 years following respondent’s acceptance of            
          the underlying OIC.  Petitioners not only failed to timely file             
          their 1997 Federal tax return; they failed to timely file in each           
          and every one of the 5 years of the OIC compliance period.                  
          Moreover, respondent attempted on 10 occasions over 3 years to              
          contact petitioners at their Egg Harbor residence to craft a                
          resolution to petitioners’ outstanding liability stemming from              
          taxable year 1994.  In these years, respondent attempted to work            
          with petitioners, despite their repeated failures to timely file.           
          Petitioner husband, by his own admission, testified that                    
          petitioners did not respond to these attempts because they                  
          “lacked the money to pay.”  Petitioners then begged this Court to           
          consider that they are “desperate” because they cannot afford to            
          pay the amount now sought by respondent with respect to 1994.               







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