Robert J. Guadagno - Page 4




                                        - 4 -                                         
          notice of intent to levy, petitioner timely filed Form 12153,               
          Request for a Collection Due Process Hearing (petitioner’s Form             
          12153), and requested a hearing with respondent’s Appeals Office            
          (Appeals Office).3                                                          
               On March 15, 2006, a settlement officer with the Appeals               
          Office (settlement officer) held an Appeals Office hearing with             
          petitioner with respect to the notice of intent to levy.  At that           
          hearing, petitioner indicated that he was not liable for peti-              
          tioner’s unpaid liabilities for 1995 and 1998.                              
               On April 5, 2006, the Appeals Office issued to petitioner a            
          notice of determination concerning collection action(s) under               
          section 6320 and/or 6330 (notice of determination).  That notice            
          stated in pertinent part:  “Collection is sustained.  No collec-            
          tion alternatives were offered for consideration by Appeals.”  An           
          attachment to the notice of determination stated in pertinent               
          part:                                                                       
               SUMMARY                                                                
               *       *       *       *       *       *       *                      
               The liabilities arose from your failure to file returns                
               for 1995 and 1998.  You were sent a Statutory Notice of                
               Deficiency.  You had a prior opportunity to appear at                  
               an Appeal’s conference and an opportunity to petition                  
               the US Tax Court.  Therefore, the underlying liability                 
               issue is precluded from this determination under Treas.                
               Reg. 301.7122 and IRC §6330.                                           


               3Petitioner apparently attached a document to petitioner’s             
          Form 12153 that is not part of the record in this case.                     






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

Last modified: November 10, 2007