Arthur W. & Rita C. Miller - Page 8

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          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 upheld                





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