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the balance due in full from equity in assets.[8]
Since the offer could not be recommended for accep-
tance, and you did not propose any other means to
protect the government’s interest, the lien cannot be
released. Your case will be returned to Collection for
whatever actions they deem appropriate to collect the
tax, unless you exercise you right to judicial review
of our determination. [Reproduced literally.]
An attachment to the notice of determination stated in pertinent
part:
BRIEF BACKGROUND
Notice of filing of the Notice of Federal Tax Lien was
sent October 8, 2004, while your Collection Due Process
Hearing request was received November 8, 2004, within
the thirty-day timeframe set forth in Internal Revenue
Code Section 6320 for a timely hearing request.
A Collection Due Process Hearing was scheduled for
April 14, 2005 by letter dated March 1, 2005. The
letter advised you that you had to be up to date with
depositing, filing and paying all income taxes before
collection alternatives could be considered. It also
requested that you submit a Collection Information
Statement to assist in determining the proper course of
action.
Due to scheduling conflicts, the conference was re-
scheduled to May 3, 2005. Following the conference,
after you filed all delinquent returns and brought
required payments up to date, you submitted an Offer-
in-Compromise for consideration.
8Although the notice of determination related only to peti-
tioner’s unpaid 2001 income tax liability and petitioner’s unpaid
2002 income tax liability, in making the determination to reject
petitioner’s June 28, 2005 offer-in-compromise, that notice took
into account not only petitioner’s unpaid 2001 income tax liabil-
ity and petitioner’s unpaid 2002 income tax liability but also
other outstanding Federal tax liabilities of petitioner for his
taxable years 2001 and 2002 and certain other taxable years. See
supra notes 6 and 7.
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