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are to the Internal Revenue Code in effect for the year in issue,
and all Rule references are to the Tax Court Rules of Practice
and Procedure.
Background
Some of the facts have been stipulated and are so found.
The stipulation of facts and the exhibits received into evidence
are incorporated herein by reference. At the time the petition
was filed, petitioners resided in Williamsville, New York.
Petitioners filed a joint Form 1040, U.S. Individual Income
Tax Return, for 2004. The Internal Revenue Service (IRS)
assessed the $24,143 tax shown on the return. The IRS assessed
the following additional amounts: (1) A $143 addition to tax for
failure to pay estimated tax; (2) a $115.96 addition to tax for
failure to pay timely; and (3) $86.09 in accrued interest. After
the application of a $12,547 credit for withholding taxes, the
additional assessments resulted in an $11,941.05 unpaid balance.
The IRS sent petitioners a notice and demand for payment
within 60 days of the assessment. In response, petitioners
submitted an offer-in-compromise (OIC) on September 13, 2005,
which the IRS rejected, and petitioners appealed. While
petitioners’ appeal was pending, the IRS filed a Notice of
Federal Tax Lien (NFTL) at the Erie County Clerk, Buffalo, New
York, on October 20, 2005. The IRS issued to petitioners a
Letter 3172(DO), Notice of Federal Tax Lien Filing and Your Right
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