Brad L. Barnhill - Page 3




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          existed.  Petitioner did not amend the petition or pay the filing           
          fee, and his 1996 tax case was dismissed on May 20, 1998.  After            
          the dismissal, respondent assessed the income tax deficiency                
          against petitioner.  In addition to that assessment, during 1997,           
          respondent assessed a $532.76 penalty under section 6682 in                 
          connection with petitioner’s 1996 tax year.                                 
               On July 27, 2000, respondent issued to petitioner a Final              
          Notice of Intent to Levy and Notice of Your Right to a Hearing              
          under section 6330.  In response to this notice, petitioner                 
          requested a section 6330 hearing, which occurred during spring              
          2001.  On May 2, 2001, petitioner was sent a Notice of                      
          Determination Concerning Collection Action(s) under section                 
          6320/6330.  This notice informed petitioner of the following:               
          (1) His right to appeal to this Court, (2) the determination that           
          a levy was the appropriate collection tool, (3) the Internal                
          Revenue Service’s belief that petitioner’s position at the                  
          hearing was frivolous and had no basis in law, and (4) that all             
          procedures and administrative requirements had been met.                    
               On May 31, 2001, petitioner filed a Petition for Lien or               
          Levy Action Under Code Section 6330(d).  On July 23, 2001,                  
          respondent filed a motion to dismiss the petition for lack of               
          jurisdiction insofar as it relates to the section 6682 penalty.             
                                       OPINION                                        
               We must decide:  (1) Whether to dismiss for lack of                    
          jurisdiction with respect to the penalty assessed petitioner                




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