- 9 - in the widely publicized Speltz v. Commissioner case (of which Mr. Carlson and CTF were integrally in- volved); where the court determined that the IRS did not abuse its discretion in not accepting the Speltz’s Offer in Compromise, further stating that it is not the IRS’ purview to override tax laws when they appear inequitable. The ability to modify, alter or eliminate tax laws rests solely with Congress. By your own admission, you have sufficient resources to pay these outstanding liabilities, but feel that you should not be required to do so. The IRS will not accept any Offer from you under these circumstances. The Offer program was established to provide relief to those taxpayers who could not fully pay their tax obligations. It was also designed to provide relief to those taxpayers who could fully pay their taxes, but doing so would cause significant economic hardship. Neither of these situations has been demonstrated in your case. Ms. Colbert has previously advised you that the Notice of Federal Tax Lien filing will be sustained, and I agree with that decision. The tax was legally due and owing at the time the Lien was filed. As all legal and procedural requirements were met, I believe that this action was proper. Although Ms. Colbert indicated that she would consider possible abatements of penalties on your account, I do not agree with this. You have been assessed the Fail- ure to Pay penalty on both 2000 and 2001. Because you have the ability to pay, but are refusing to do so at this time, I do not believe that you meet the criteria for relief of this penalty under Reasonable Cause. For 2001, you have also been assessed the Estimated Tax Penalty. You did not make any estimated tax payments as required by law due to your insufficient federal income tax withholding for the year. You have provided no documentation to illustrate why you were unable to make the estimated payments, therefore I again do not believe that you meet the criteria for relief of this penalty under the Reasonable Cause provisions. At this point, I believe that we are at an impasse with your account. Appeals believes that you have the ability to fully pay your tax liabilities, but you havePage: 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