115 T.C. No. 25 UNITED STATES TAX COURT HENRY HERMANUS VAN ES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 1134-00L. Filed October 13, 2000. With regard to P’s 1994 tax year, R assessed a tax deficiency (along with penalties and interest) and three sec. 6702, I.R.C., frivolous return penalties (along with related interest), of which R collected a portion. As to the uncollected portion of those amounts, R issued a levy notice. Pursuant to sec. 6330(b), I.R.C., P requested an Appeals hearing from R’s Appeals Office. After review, an Appeals officer issued to P a notice of determination pursuant to sec. 6330, I.R.C., stating that the levy should proceed. With respect to the Appeals officer’s determination, P thereafter filed a petition with this Court challenging the merits of R’s assessment of the (collected and uncollected) frivolous return penalties and related interest amounts. Held, P is not entitled to the protections of sec. 6330, I.R.C., for amounts collected before the effective date of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401, 112 Stat. 685, 746-750.Page: 1 2 3 4 5 6 7 8 9 Next
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