- 12 - agreement, or other collection alternative. On November 28, 2005, the Appeals officer issued to peti- tioners a notice of determination concerning collection action(s) under section 6320 and/or 6330 (notice of determination). The notice of determination stated in pertinent part: “The filing of the Notice of Federal Tax Lien is sustained by the Appeals office at this time.” An attachment to the notice of determination stated in pertinent part: Type of Tax Period CDP Notice Date CDP Received 1040 12/31/2000, 12/31/200111/04/2004 12/2/2004 SUMMARY AND RECOMMENDATION Appeals has verified, or received verification, that applicable laws and administrative procedures have been met, has considered all issues raised, and has balanced the proposed collection action with the legitimate concern that such action be no more intrusive than necessary as required by IRC �6330(c)(3). The outstanding tax liabilities of the Miller’s are the result of self-assessed returns in which credits from withholding and estimated tax payments were insuffi- cient to cover the amount of Income Tax and Alternative Minimum Tax on each return. They are in full compli- ance for filing through tax year 2004, and have no other outstanding liabilities than the ones at issue under this Due Process request. The administrative file indicates that the Miller’s have previously submitted several Offers in Compromise, all of which have been denied, citing that they have the ability to pay their taxes in full via equity in assets and future income potentials. They have also been given the option of entering into an Installment Agreement to resolve these liabilities, but have chosen not to do so.Page: 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