William J. and Lois J. DiCindio - Page 2




                                         -2-                                          
          was appropriate to sustain collection action with respect to                
          petitioners’ unpaid income taxes for 1985-89 and 1991-2001 (the             
          years in issue).2  Thereafter petitioners timely filed a petition           
          in which they requested our review of respondent’s determination.           
          The issue for decision is whether respondent’s determination to             
          reject petitioners’ offer-in-compromise (OIC) and proceed with              
          collection was an abuse of discretion.  We hold that it was not.            
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          Petitioners are married and resided in Edison, New Jersey, at the           
          time the petition was filed.                                                
               Respondent issued a Final Notice of Intent to Levy and                 
          Notice of Your Right to a Hearing to petitioners on September 5,            
          2002.  Petitioners timely requested a collection due process                
          hearing on October 1, 2002.  Petitioners’ outstanding tax                   
          liability is $463,496 plus statutory additions.  Petitioners did            
          not challenge the assessments or the underlying tax liabilities.            
          A settlement officer (SO) from respondent’s Appeals Office                  
          (Appeals) spoke on the telephone with petitioners’ representative           
          on February 4, 2003.  The SO told petitioners’ representative               
          that collection alternatives such as an OIC or an installment               


               2  In the petition, petitioners also disputed the collection           
          action for taxable year 1990.  No notice of determination was               
          issued to petitioners for that year.  By separate order, the                
          Court dismissed this case as it relates to taxable year 1990.               





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 10, 2007