- 4 - “purple pencil people.”2 It was one of these people who caught and corrected the Parkers’ mistake. The Commissioner then assessed the correct amount of tax--$28,446--in the IRS’s records. Because there was a balance due, the Commissioner began trying to collect, unencumbered by the Code’s current due process requirements.3 First, he filed a Federal tax lien on the Parkers’ condominium in March 1998. Then, in November 1998, he levied on Ms. Goode-Parker’s bank account. We specifically find that she is credible in saying that this was the first she knew of her and her husband’s tax trouble. She promptly contacted the IRS, and for the next three years made monthly payments of $50. In September 2000, the strains on the Parkers’ marriage became very great: They still resided in the same condo, but began living separate lives and keeping to different rooms. In February 2002, Ms. Goode-Parker filed a Form 8857, requesting innocent spouse relief from the Parkers’ joint 1996 tax liability. In November 2002, before the Commissioner made his determination, the Parkers separated in the traditional sense. 2 An IRS supervisor, though not himself a purple pencil person, credibly testified that as part of his duties he proofreads returns processed by the purple pencil people, and that the purpose of purple pencil people is to point out patent problems on returns with a purple pencil. 3 The collection due process requirements in sections 6320 and 6330 became effective for collection actions begun on or after January 19, 1999. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401(d), 112 Stat. 750.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011