Arthur W. & Rita C. Miller - Page 9

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               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 have                





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