Arthur W. & Rita C. Miller - Page 12

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          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.                                                          





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