Joseph Giamelli - Page 3




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          prosecution shall be denied.  Further, because Mrs. Giamelli has            
          failed to present any evidence to create a genuine question of              
          fact whether the Appeals officer abused her discretion sustaining           
          the proposed collection action, respondent’s motion for summary             
          judgment shall be granted.                                                  
                                     Background                                       
               Joseph Giamelli and his wife, Joann Giamelli, resided in New           
          York at the time this petition was filed.  Mr. and Mrs. Giamelli            
          filed a joint Form 1040, U.S. Individual Income Tax Return, for             
          the 2001 tax year.  While Mr. and Mrs. Giamelli reported a tax              
          due, they did not include payment of the tax due with the return.           
          Respondent then assessed the tax due shown on the return and sent           
          Mr. and Mrs. Giamelli notice and demand for payment.                        
               When Mr. and Mrs. Giamelli failed to pay, respondent issued            
          a Notice of Federal Tax Lien Filing and Your Right to a Hearing             
          Under IRC 6320 listing an unpaid balance of assessment of                   
          $723,527.01.  Mr. Giamelli, while represented by counsel, then              
          submitted to respondent Form 12153, Request for a Collection Due            
          Process Hearing, and, according to Mrs. Giamelli, signed her name           
          without her knowledge or permission.                                        
               Mr. Giamelli’s request for a collection review hearing was             
          assigned to one of respondent’s Appeals officers.  Mr. Giamelli             
          informed the Appeals officer that he wished to enter into an                
          installment agreement in which he would pay $14,300 on a monthly            







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