Beatrice Goblirsch - Page 3

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               On June 26, 2000, respondent sent petitioner a Notice of Tax           
          Due on Federal Tax Return for the 1995 taxable year.  The notice            
          stated that petitioner owed $13,577 of interest and credited                
          petitioner with the $32,060 payment that satisfied her additional           
          tax.                                                                        
               On November 28, 2001, respondent sent petitioner a notice of           
          intent to levy for the 1995 taxable year.  On December 14, 2001,            
          petitioner filed a request for a collection due process hearing             
          for the 1995 taxable year.                                                  
               At petitioner’s request, a hearing was conducted via                   
          correspondence.  On August 19, 2002, respondent sent petitioner             
          the notice of determination sustaining respondent’s right to levy           
          in connection with petitioner’s 1995 tax liability.                         
               Petitioner had not purchased a replacement residence as of             
          the date of trial, May 17, 2004.                                            
          Discussion                                                                  
               Standard of Review for Underlying Liability                            
               Petitioner did not receive a statutory notice of deficiency            
          for 1995.  Respondent ultimately assessed petitioner’s 1995 tax             
          on the basis of petitioner’s discussion with and payment to Mr.             
          Herrera.  Petitioner raised the issue of her underlying liability           
          for 1995 in the correspondence hearing.  Accordingly,                       









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