Gary G. Boyd - Page 5




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          determination stated that petitioner would not be granted relief            
          pursuant to section 6330 because, among other things, petitioner            
          did not appear at the scheduled section 6330 hearing and did not            
          present any documentation to challenge the assessed tax                     
          liabilities.  The notice of determination further stated that the           
          10-year period of limitations for collecting petitioner’s 1989              
          tax liability was still open and that respondent’s transcripts of           
          petitioner’s account did not show that any payments had been made           
          with respect to petitioner’s taxable years 1990, 1992, 1993,                
          1996, or 1997, and that only two payments (both in 1993) had been           
          made with respect to petitioner’s 1991 taxable year.                        
               On June 16, 2000, in response to the notice of                         
          determination, petitioner filed with the Court an imperfect                 
          petition.  On August 15, 2000, petitioner filed an amended                  
          petition, disputing respondent’s determinations on grounds that:            
          (1) The applicable period of limitations bars collection for                
          taxable years 1989 and 1990, and (2) the taxes owed for the                 
          taxable years 1991, 1992, 1993, 1996, and 1997 were previously              
          paid.                                                                       
                                       OPINION                                        
              Section 6330 provides for notice and opportunity of a                  
          hearing before the Internal Revenue Service (IRS) may levy upon             
          the property of any person.  Section 6330(b)(1) provides that if            
          the person requests a hearing, “such hearing shall be held by the           
          Internal Revenue Service Office of Appeals.”  Section                       




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