- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011