Joseph D. and Wanda S. Lunsford - Page 5




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          were made and remained unpaid.  The Appeals officer concluded the           
          letter stating:  “If you wish to discuss other matters, such as             
          resolution of the liability please contact me by September 16,              
          1999.  Otherwise, we will issue a determination”.  Petitioners              
          made no response to this letter.  No further proceedings or                 
          exchange of correspondence occurred prior to the Appeals                    
          officer’s determination.                                                    
               On November 3, 1999, a notice of determination was sent to             
          petitioners by the IRS Appeals Office which sustained the                   
          proposed levy.  The notice of determination concluded:  (1) All             
          procedural, administrative, and statutory requirements were met;            
          (2) the Form 4340 satisfied the requirements of section 6203;4              
          (3) petitioners failed to present any collection alternatives;              
          and (4) the proposed levy was justified.  On December 2, 1999,              
          petitioners filed a timely petition to the Tax Court.                       
               We must decide whether petitioners are entitled to any                 
          relief from the Appeals officer’s determination.  Where the                 
          underlying tax liability is properly at issue in the hearing, we            
          review that issue on a de novo basis.  Goza v. Commissioner, 114            


               4Sec. 6203 requires the Secretary to record the liability of           
          the taxpayer and to furnish a copy of the record of assessment to           
          the taxpayer on request.  Sec. 301.6203-1, Proced. & Admin.                 
          Regs., provides that an assessment officer shall make the                   
          assessment and sign the “summary record of assessment.  The                 
          summary record, through supporting records, shall provide                   
          identification of the taxpayer, the character of the liability              
          assessed, the taxable period, if applicable, and the amount of              
          the assessment.”                                                            





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