Joseph Giamelli - Page 16




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          When Mr. Giamelli failed to become compliant with his estimated             
          tax obligations, the Appeals officer issued a notice of                     
          determination rejecting the proposed installment agreement and              
          sustaining respondent’s collection action.                                  
               Because the only issue raised with the Appeals officer was             
          the installment agreement, our review is limited to the                     
          determination reached by the Appeals officer to reject the                  
          proposed installment agreement because of Mr. Giamelli’s                    
          noncompliance.  The argument that an estate is a separate person            
          and is entitled to its own collection review hearing fails for              
          the same reason.  While the estate has cited no authority for               
          this novel argument, and we know of none, such an argument is not           
          timely.  As discussed above, our review is limited to the                   
          determination issued by respondent’s Appeals Office.  The estate            
          has presented no evidence to suggest that the Appeals officer               
          abused her discretion, on the facts as they were presented to her           
          by Mr. Giamelli, when she declined to enter into an installment             
          agreement with Mr. Giamelli.                                                

















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