Robert L. Perkins - Page 6




                                        - 6 -                                         
          petitioner's Appeals request as a claim for abatement,4 the                 
          Appeals Office denied it and advised petitioner that he could               
          pursue the matter further by filing suit in the U.S. District               
          Court or the U.S. Court of Federal Claims.5  The Appeals Office             
          response was signed by Timothy I. Gukich as "Appeals Team                   
          Manager".                                                                   
               On June 10, 2004, approximately 21 months after his request            
          for a hearing under section 6330 and more than 13 months after              
          denying his Appeals request, the Appeals Office sent a letter to            
          petitioner offering him the opportunity to schedule a section               
          6330 hearing.  In accordance with petitioner's request, a hearing           
          was conducted via telephone by Settlement Officer Gwenda Dumas on           
          August 31 and October 5, 2004.  Petitioner was not allowed to               
          raise challenges to the underlying tax liability during the                 
          hearing.  Respondent thereupon sent petitioner a "Notice of                 
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330", with a Letter 3193 attached, dated October 15,                
          2004.  The notice of determination was signed by Timothy I.                 
          Gukich, "Appeals Team Manager", and concluded that it would be              


               4 The parties have stipulated that petitioner did not file a           
          Form 1040X, Amended U.S. Individual Income Tax Return, for 2000.            
               5 Insofar as the record discloses, petitioner did not file             
          suit in either court.  However, on Mar. 22, 2004, petitioner                
          filed a petition for redetermination of a deficiency with this              
          Court.  Petitioner's case arising from that petition was                    
          dismissed for lack of jurisdiction on May 25, 2004.                         






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007