- 7 - bankruptcy file and noting that “secured claims get paid first and then priority.” Mr. Conte noted in his case record that there were also outstanding employment tax liabilities for petitioners and that final collection notices had not yet been issued with respect to those liabilities. On or about May 24, 2004, petitioners submitted a completed Form 656, Offer in Compromise, to respondent seeking to resolve their outstanding employment and income tax liabilities for $9,024.25, to be paid within 90 days from notice of acceptance of the offer. Upon receipt of the offer-in-compromise, Mr. Conte contacted petitioners to seek additional financial information. Over the course of several months, Mr. Conte and petitioners corresponded on multiple occasions with respect to additional documents Mr. Conte needed in evaluating petitioners’ offer-in- compromise. In one letter to Mr. Conte dated August 13, 2004, petitioners requested that “given that the Bankruptcy Court has failed to render a final accounting to date, the penalties attributable to the principal balance outstanding should be waived.” While he was attempting to obtain additional information about petitioners’ economic situation, Mr. Conte was also attempting to determine what amount would be paid to respondent from petitioners’ bankruptcy estate. Mr. Conte contacted respondent’s internal bankruptcy specialists on numerousPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008