- 13 - At the Appeals level, the Miller’s participated in several teleconferences and a face-to-face conference, as well as exchanged numerous correspondences with this office. At no time during Appeals consideration of this account did the Miller’s present a viable alterna- tive to resolve their outstanding taxes. The issues raised by the Miller’s were as follows: 1. They requested relief from penalties and interest. A review of the account tran- scripts indicates that they were assessed the Failure to Pay penalty for both years and the Estimated Tax Penalty for tax year 2001. They did not however, provide any documenta- tion to illustrate why they were unable to make sufficient estimated tax payments for 2001, or why they were now unable to satisfy these liabilities. They simply requested to have the penalties and associated interest removed from their account because they felt that they should not have to pay them, as required by law. They were advised that they did not meet the reasonable cause criteria to abate the penalties, and that there were no current IRS initiatives to waive penalty and interest assessments on those individuals owing AMT taxes. 2. They requested to have their future AMT cred- its offset to pay the current outstanding liabilities. They were advised that this is not legal under current tax law legislation, and that neither the office of Appeals, nor any other operating division within the IRS could negotiate such a settlement. The Miller’s raised no other pertinent issues other than to state that the application of the AMT was unfair and inequitable, and they should not be forced to pay taxes on this “phantom income”. The Miller’s have never provided financial information to Appeals as requested. By their own admission, they have the resources to pay these taxes, but feel that it would be unfair to make them use their equity in as- sets, primarily their residence and a retirement ac- count, to satisfy these debts.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