- 8 - ment officer informed petitioners that respondent was charged with enforcing the law as it was written, and not as it was set forth in proposed legislation. On or about October 20, 2005, the settlement officer who had been assigned to handle petitioners’ taxable years 2000 and 2001 was transferred to a managerial position. As a result, another settlement officer with the Appeals Office (second settlement officer) was assigned to consider that matter. The second settlement officer reviewed the administrative file relating to petitioners’ taxable years 2000 and 2001 and sent petitioners a letter dated October 26, 2005 (second settle- ment officer’s October 26, 2005 letter). The second settlement officer’s October 26, 2005 letter stated in pertinent part: I have been reassigned your Collection Due Process (CDP) request regarding the filing of the Notice of Federal Tax Lien for the above referenced tax periods [2000 and 2001] * * *. I have thoroughly reviewed your file including all previous correspondences and administrative history records. I am well versed in the AMT/ISO issue as this is a widely debated issue now before Congress. I am also personally familiar with Mr. Timothy Carlson, his Coalition for Tax Fairness (CTF), and their proposed legislation before Congress (H.R. 3385) to enact retro- active changes to the application of AMT for the thou- sands of individuals in your current situation. However, as you have been previously advised, the IRS has taken the position that we will not consider or accept an Offer in Compromise under the provisions of Effective Tax Administration-Public Policy when the basis for the Offer is that the imposition of the tax law, specifically the AMT, is in and of itself unjust and inequitable. Our position has recently been upheldPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011