Yvonne Thomas - Page 3




                                        - 3 -                                         
               On February 22, 2005, respondent mailed to petitioner a                
          notice of deficiency reflecting the above $19,923 tax deficiency            
          and a $3,900 section 6662 accuracy-related penalty.                         
               On February 26, 2005, respondent’s notice of deficiency was            
          delivered to and received by petitioner, but petitioner did not             
          file a petition with this Court to contest respondent’s                     
          deficiency determination.                                                   
               After assessment of the above deficiency, on October 29,               
          2005, respondent mailed to petitioner a notice of intent to levy,           
          and petitioner timely requested of respondent an Appeals Office             
          collection hearing.                                                         
               In the Appeals Office hearing, petitioner sought to raise an           
          issue as to the correctness of respondent’s above tax deficiency            
          determination, and petitioner requested an abatement of interest            
          solely on the ground that respondent’s tax deficiency                       
          determination was erroneous.  Petitioner did not raise any                  
          collection alternatives, and petitioner did not make or submit to           
          respondent an offer-in-compromise.                                          
               Because petitioner had received respondent’s February 22,              
          2005, notice of deficiency and because petitioner could have                
          petitioned the Tax Court with regard thereto, respondent’s                  
          Appeals officer declined to consider petitioner’s 2002 Federal              
          income tax liability and concluded that the proposed levy should            
          be sustained.  Also, respondent’s Appeals officer rejected                  
          petitioner’s claim for interest abatement.                                  






Page:  Previous  1  2  3  4  5  Next 

Last modified: March 27, 2008