Hugh D. Summers and Teresa E. Summers - Page 17

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          IRS improperly credited the payments from Commonwealth, and that,           
          even if respondent did not receive the funds from Commonwealth,             
          the 1989 tax liability has been “constructively paid.”  Mr.                 
          Summers further stated that he would not provide Form 433-A and             
          petitioners’ 2003 and 2004 tax returns until respondent’s Appeals           
          officer dealt with the above issues.                                        
               Petitioners’ first contention is frivolous.  Ms. Dermody was           
          an impartial employee of respondent’s Appeals Office and had no             
          prior involvment with petitioners.  Petitioners’ second                     
          contention is equally without merit.  Section 6330 does not                 
          prescribe a time for scheduling a hearing.  Once respondent has             
          referred a case to the Department of Justice for defense or                 
          prosecution, only the Attorney General or his delegate has the              
          authority to compromise the case.  See sec. 7122(a); United                 
          States v. LaSalle Natl. Bank, 437 U.S. 298, 312 (1978).                     
          Moreover, Mr. Summers advised respondent that he wished to defer            
          the section 6330 hearing until the judgment of the District Court           
          became final.  Accordingly, respondent acted within his                     
          discretion by waiting to schedule a section 6330 hearing until              
          after petitioners’ appeal to the Third Circuit Court of Appeals             
          was resolved.  We have already discussed petitioners’ third                 
          contention; they are precluded from challenging the issue of the            
          proper crediting of the Commonwealth payments.  Finally,                    







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