Will K. Ng - Page 14

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          in a disproportionate forfeiture or penalty to petitioner.                  
          Moreover, for the reasons discussed supra, we find that the                 
          condition that petitioner timely pay his 2002 taxes was a                   
          material part of the OIC.                                                   
               B.  Scope of Review                                                    
               Consideration of petitioner’s testimony or the Installment             
          Agreement Request would not alter any of the conclusions above.             
          At the time petitioner filed his Installment Agreement Request,             
          the Commissioner’s internal procedures provided that the                    
          Commissioner could grant installment agreement requests from a              
          taxpayer in petitioner’s situation without declaring the taxpayer           
          in default.  Internal Revenue Manual sec. 5.19.7.3.17.3                     
          (effective October 1, 2001).  While it may have been within                 
          respondent’s discretion to overlook petitioner’s noncompliance              
          with the OIC and grant petitioner’s Installment Agreement                   
          Request, we have long held that the Commissioner’s internal                 
          procedures do not have the effect of law and that noncompliance             
          with those procedures does not render an action of the                      
          Commissioner invalid.  Vallone v. Commissioner, 88 T.C. 794, 807-           
          808 (1987).                                                                 
               Petitioner also argues that because he was never notified              
          that his Installment Agreement Request was denied, we should                
          treat the request as having been granted.  We disagree.  We note            
          that petitioner failed to comply with the terms of his proposed             






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