Joseph Giamelli - Page 4




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          basis to satisfy the 2001 tax liability.  During the ensuing                
          months, as Mr. Giamelli and the Appeals officer were discussing             
          the installment agreement, Mr. Giamelli continued to send monthly           
          checks of $14,300 to respondent in partial payment of the 2001              
          tax liability.                                                              
               On October 5, 2004, the Appeals officer informed Mr.                   
          Giamelli that, under Internal Revenue Service (IRS) guidelines,             
          the installment agreement could not be processed if he was not              
          compliant with his estimated tax payments for tax years after               
          2001.  Mr. Giamelli did not become compliant with his estimated             
          tax payments.                                                               
               On November 15, 2004, respondent issued to Mr. and Mrs.                
          Giamelli the notice of determination sustaining the proposed                
          collection action for the 2001 tax liability.  On December 3,               
          2004, Mr. Giamelli, without Mrs. Giamelli’s knowledge or                    
          signature, filed a petition for lien or levy action under section           
          6320(c).  The only issue raised by Mr. Giamelli in his petition             
          was his desire to be allowed to enter into an installment                   
          agreement with respondent for the 2001 tax year.  After the                 
          petition was filed, Mr. Giamelli and respondent agreed to an                
          installment agreement to resolve the outstanding 2001 tax                   
          liability, and Mr. Giamelli agreed to sign the necessary decision           
          document to submit to the Court.                                            








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