Carl Klein - Page 4




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          had reasonable cause for his failure to pay the taxes; (2) the              
          Internal Revenue Service (IRS) should have accepted his offer-in-           
          compromise based on doubt as to collectibility because of the               
          possibility of discharge of his taxes in the event he filed for             
          bankruptcy; and (3) alternatively, in the event his offer-in-               
          compromise was not accepted, the IRS should have allowed him to             
          pay his tax liability in installments.                                      
               Petitioner’s section 6330 hearing was conducted by means of            
          a face-to-face meeting, correspondence, and telephone                       
          conversations with a settlement officer in respondent’s Appeals             
          Office (the settlement officer).  On November 2, 2004, the IRS              
          received petitioner’s offer to compromise his total tax liability           
          for 1997, 1998, 1999, 2000, and 2001 for $70,000.7  On December 8,          
          2005, following petitioner’s submission of additional information           
          in response to requests by respondent, the settlement officer               
          advised petitioner that petitioner was ineligible for an offer-             
          in-compromise because petitioner had the ability to fully pay his           
          income tax liability over 48 months.  On December 22, 2005, the             
          settlement officer wrote a letter to petitioner explaining, among           
          other things:  (1) That petitioner had not as yet provided any              


               6(...continued)                                                        
          actually are to additions to tax under sec. 6651(a)(1) and (2)              
          and sec. 6654.  References in this opinion to additions to tax              
          relate to one or more, as appropriate.  Petitioner does not seek            
          abatement of interest.                                                      
               7Tax year 2001 is not at issue herein.                                 





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