Jerry D. Criner - Page 9

                                        - 9 -                                         
          County, Claremore, Oklahoma.  On January 31, 2002, Mr. Baustert             
          filed a corrected NFTL against the Claremore property with the              
          County Clerk, Rogers County, Claremore, Oklahoma.  Both the                 
          original and the corrected NFTL identified the “Claremore                   
          property” and listed the taxpayer as “Alice Criner as the Nominee           
          of Jerry D. Criner”.                                                        
               On January 17, 2002, respondent mailed to petitioner a                 
          “Notice of Federal Tax Lien Filing and Your Right to a Hearing              
          Under IRC 6320” covering 1990 through 1993.  On January 30, 2002,           
          petitioner timely submitted Form 12153, Request for a Collection            
          Due Process Hearing, requesting a hearing under section 6320 (the           
          hearing).  In his request for a hearing, petitioner stated that             
          he disagreed with the nominee NFTL because the Claremore property           
          belonged to his deceased mother.                                            
               In a letter to petitioner dated February 20, 2002,                     
          Settlement Officer Scott Penny (Mr. Penny or hearing officer)               
          acknowledged receipt of petitioner’s hearing request and asked              
          petitioner to provide documentation to substantiate his claim               
          that the Claremore property listed in the nominee NFTL belonged             
          to his deceased mother.  Mr. Penny specifically requested                   
          documentation showing Alice Criner’s ability to purchase the                
          property for $135,000 in April 1987, probate records showing                
          distribution of Alice Criner’s estate, and any other                        
          documentation to support petitioner’s claim.  In the February 20,           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011