Giuseppe Evangelista - Page 7

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               Description of Verification Process for Both Lien and                  
               Levy Situations                                                        
               * * * [The settlement officer] verified through exami-                 
               nation of transcripts and the administrative file,                     
               including the original examination file and copies of                  
               the statutory notices of deficiency, that all adminis-                 
               trative and legal procedures were followed.  The Statu-                
               tory Notice of Deficiency was mailed to your current                   
               residence.  You did not dispute the receipt of this                    
               notice.  The notice apprised you of your right to                      
               petition the US Tax Court to dispute the assessment.                   
               You did not file said petition within the timeframe set                
               by law.                                                                
               Issues Raised by the Taxpayer                                          
               In a letter attached to your Form 12153 Request for a                  
               Collection Due Process Hearing your representative                     
               stated, in part “We are interested in reaching a con-                  
               clusion and a reasonable payment plan as soon as possi-                
               ble, as stated back in June.  Please adjust your re-                   
               cords accordingly, since all returns were filed.”  In                  
               your June letter, your representative stated, “We are                  
               at a loss to understand why the Service has not prop-                  
               erly adjusted its records to reflect the true liability                
               as all returns have been filed to date and we have                     
               asked for this on a number of occasions to no avail.”                  
               Response:  Because you neglected to file your returns                  
               when the Service requested you to do so, the Service                   
               prepared returns for you based on income information                   
               submitted to the IRS by payers.  The authority to                      
               prepare returns when a taxpayer fails to do so volun-                  
               tarily is found in IRC 6020(b).  After the assessments                 
               were made, you filed your returns.  Although you de-                   
               faulted on the original Statutory Notice of Deficiency                 
               by failing to petition the US Tax Court, the Service                   
               allowed your audit to be reconsidered.  The administra-                
               tive record shows that on 10/30/2003 the Service issued                
               Letter 2726 advising you that the changes you requested                
               based on your own returns were considered, however, you                
               failed to supply any supporting documentation.  This                   
               letter also explained your right to contest this deci-                 
               sion in Appeals.  IRC � 6330(c)(2)(B) precludes the                    
               underlying liability issue from being raised with a                    
               Collection Due Process hearing if the taxpayer had a                   
               prior opportunity to appeal the assessment.                            





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Last modified: May 25, 2011