John E. and Sandra L. West - Page 8




                                        - 8 -                                         
          Commissioner, 91 T.C. 1019, 1025 (1988); Brown v. Commissioner,             
          78 T.C. 215, 219 (1982).                                                    
               Petitioners argue that petitioners’ failure timely to file             
          tax returns, to pay estimated taxes, and to pay the various                 
          additions to tax and penalties assessed against them during the             
          5-year compliance period did not constitute a material breach of            
          the OIC and did not justify respondent’s revocation of the OIC              
          and therefore that respondent’s Appeals Office abused its                   
          discretion in sustaining respondent’s notice of intent to levy.             
               We disagree.  The numerous instances of petitioners’ failure           
          to keep their tax obligations current during the 5-year                     
          compliance period constitute, under any standard, a significant             
          and material breach of the requirements of the OIC.                         
               We need not address different standards that, in other                 
          cases, might be considered and that might be applicable.  See Ng            
          v. Commissioner, T.C. Memo. 2007-8.                                         
               Respondent mailed to petitioners a number of notices                   
          alerting petitioners to the potential for default on the OIC and            
          giving petitioners opportunity to bring current their tax and               
          other payments due.                                                         
               Although petitioners moved to a new address, petitioners               
          failed to apprise respondent of their new address, and respondent           
          cannot now be faulted for mailing the notices to the address                
          shown on petitioners’ tax returns.  Petitioners, not respondent,            







Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: March 27, 2008