Brian and Tina Nicklaus - Page 5




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               During the consideration by the Appeals Office of petition-            
          ers’ objection to the July 16, 1999 notices of Federal tax lien,            
          the Appeals Office sent petitioners Form 4340, Certificate of               
          Assessments and Payments (Form 4340), with respect to each of               
          their taxable years 1993 through 1996.  Form 4340 for each of the           
          years 1993 and 1994 showed, inter alia, that on August 24, 1998,            
          respondent had assessed on Form 23C petitioners’ tax liability              
          for each such year.  Form 4340 for each of the years 1995 and               
          1996 showed, inter alia, that on August 31, 1998, respondent had            
          assessed on Form 23C petitioners’ tax liability for each such               
          year.                                                                       
               After the Appeals Office hearing was held regarding the July           
          16, 1999 notices of Federal tax lien, the Appeals Office issued a           
          notice of determination to petitioners on March 16, 2000.  That             
          notice of determination stated in pertinent part as follows:                
               •    All provisions of IRC �6330 and IRC �6320 have                    
                    been met.  The Secretary has provided sufficient                  
                    verification that the requirements of applicable                  
                    law or administrative procedures have been met.                   
               •    Your Request for a Collection Due Process Hearing                 
                    was submitted under IRC �6320 to have the Notice                  
                    of Federal Tax Lien rescinded.  In your request                   
                    for a hearing you alleged that you do not agree                   
                    with the notices or the amounts stated on these                   
                    notices and that you have not had an opportunity                  
                    to be heard and to present your facts to prove the                
                    notices incorrect.  You state that there is not an                
                    assessment Form 23C in the record and that the                    
                    liens were filed without the mandated lawful pro-                 
                    cess of the Internal Revenue Code.  You also state                
                    that you have not been sent an official Notice of                 
                    Deficiency and that the Notices of Deficiency you                 





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