Robert and Grace Bergevin - Page 13




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               determining the present value of the Bergevins’ future                 
               ability to pay.  This was done in accordance with IRM                  
               5.8.5.5.                                                               
               During the course of the negotiations through exchange of              
          documents and meetings between petitioners’ counsel and the                 
          settlement officer, other issues were discussed.  The parties               
          disagreed as to the effect of a decision entered February 9,                
          2005, in an abatement action brought by petitioners in this                 
          Court.  The decision provided that, with respect to the tax years           
          1984, 1985, and 1986, petitioners are not entitled to an                    
          abatement of interest under section 6404.                                   
               In the notices of determination sent March 3, 2006, the                
          offer-in-compromise was rejected as follows:                                
               Offers of Collection Alternatives                                      
               We considered your offer of $20,652 dated September 27,                
               2005 and were not able to accept the offer under                       
               existing policies and procedures.  * * * [Settlement                   
               Officer Dale Veer] previously provided you with the                    
               details of how this determination was made.                            
               You were given the opportunity to amend your offer to                  
               an amount not less than the current balance owed for                   
               years 1981, 1982, 1983, 1984, 1985 and 1986.  You were                 
               also offered the opportunity to either pay the                         
               1981-1986 balances in full or present an alternative                   
               proposal to the offer in compromise.  You neglected all                
               such opportunities.                                                    
                                     Discussion                                       
               Petitioners invoke our jurisdiction under section 6330(d) to           
          review the notices of determination sent to them with respect to            
          the proposed levies on their property.  Petitioners contend that            







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