Lucielle J. Offiler, a.k.a. Lucille Offiler - Page 5




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          15,261.  On June 3, 1999, petitioner sent a Collection Appeal               
          Request, Form 9423, to respondent regarding her income tax                  
          liabilities for 1993, 1994, and 1995.  In an attachment to the              
          form requesting a “CAP hearing”, petitioner states that she                 
          accepts the offer of a “Collection Due Process Hearing”.  The               
          only offer of a collection due process hearing by respondent was            
          contained in the notice that respondent mailed to petitioner on             
          February 1, 1999, regarding her unpaid 1994 and 1995 income tax             
          liabilities.                                                                
               In response to petitioner’s Collection Appeals Request of              
          June 3, 1999, respondent sent a letter to petitioner dated                  
          September 30, 1999, which denied the request.  The denial of the            
          request pertained only to amounts due with respect to                       
          petitioner’s income tax liabilities for 1994 and 1995.  (As                 
          previously mentioned, there is no unpaid liability for 1993.)               
          This letter was not, and did not purport to be, a notice of                 
          determination pursuant to section 6330.  The petition that gives            
          rise to this case was filed on October 29, 1999.                            
                                     Discussion                                       
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, the Secretary is authorized to               
          collect such tax by levy upon property belonging to the taxpayer.           
          In the Internal Revenue Service Restructuring and Reform Act of             






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