Oliver W. and Harriet S. Williams - Page 4




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          Lien Filing and Notice of Your Right to a Hearing Under IRC 6320            
          (first notice of Federal tax lien).  The first notice of Federal            
          tax lien indicated the “Type of Tax” was Form 5329 and the                  
          balance owing was $6,592.  The U.S. Postal Service returned the             
          first notice of Federal tax lien to respondent unclaimed.                   
          Petitioners did not submit to respondent a request for an                   
          administrative hearing with respect to the first notice of                  
          Federal tax lien.   Respondent’s certificate of official record             
          for 1998 (1998 record) indicated that on April 4, 2005, an                  
          overpayment credit of $4,664 from petitioners’ 2004 tax year was            
          applied to the balance owing in 1998; i.e., the 10-percent                  
          additional tax liability.4  The balance owing as indicated on the           
          first notice of Federal tax lien was not reduced to reflect the             
          $4,664 overpayment credit.                                                  
          D.   Offer-in-Compromise                                                    
               On July 26, 2004, respondent received from petitioners a               
          Form 656, Offer-in-Compromise, offering $2,500 to compromise                
          their outstanding tax liabilities for the years at issue with a             
          Form 433-A, Collection Information Statement for Wage Earners and           
          Self-Employed Individuals.  Petitioners failed to provide                   

               4 Respondent produced two certificates of official record              
          for 1998.  One record pertains to the Form 5329 10-percent                  
          additional tax liability and the other record pertains to                   
          petitioners’ underpayment of individual income tax for 1998 other           
          than the 10-percent additional tax.  For purposes of this case,             
          the term “1998 record” refers to the Form 5329 10-percent                   
          additional tax liability.                                                   






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