Mark Lewis Tracton - Page 5




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          hearing concluded that petitioner had not provided any                      
          "reasonable" evidence that he had not received the notice of                
          deficiency for 1997 mailed to him and accordingly that petitioner           
          was precluded under section 6330(c)(2)(B) from challenging the              
          underlying liability.  On March 22, 2004, a Notice of                       
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330 (levy notice of determination) was issued to                    
          petitioner that sustained the levy.  Petitioner did not petition            
          the Tax Court with respect to the levy notice of determination.             
               On February 2, 2005, a Letter 3172, Notice of Federal Tax              
          Lien Filing and Your Right to a Hearing Under IRC 6320, with                
          respect to petitioner's 1997 taxable year was sent to petitioner.           
          On April 7, 2005, respondent received petitioner's timely                   
          submitted Form 12153, in which petitioner again contended that he           
          never received the income that gave rise to the 1997 liability              
          that respondent was seeking to collect.                                     
               On May 8, 2005, respondent sent a letter scheduling                    
          petitioner's hearing and advising that petitioner was prohibited            
          from disputing the 1997 liability at the hearing because a                  
          statutory notice of deficiency had been issued to him and he had            
          failed to contest it in Tax Court.  The letter also notified                
          petitioner that if he wanted the Appeals employee to consider               
          collection alternatives, petitioner would be required to submit a           








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