- 3 - existed. Petitioner did not amend the petition or pay the filing fee, and his 1996 tax case was dismissed on May 20, 1998. After the dismissal, respondent assessed the income tax deficiency against petitioner. In addition to that assessment, during 1997, respondent assessed a $532.76 penalty under section 6682 in connection with petitioner’s 1996 tax year. On July 27, 2000, respondent issued to petitioner a Final Notice of Intent to Levy and Notice of Your Right to a Hearing under section 6330. In response to this notice, petitioner requested a section 6330 hearing, which occurred during spring 2001. On May 2, 2001, petitioner was sent a Notice of Determination Concerning Collection Action(s) under section 6320/6330. This notice informed petitioner of the following: (1) His right to appeal to this Court, (2) the determination that a levy was the appropriate collection tool, (3) the Internal Revenue Service’s belief that petitioner’s position at the hearing was frivolous and had no basis in law, and (4) that all procedures and administrative requirements had been met. On May 31, 2001, petitioner filed a Petition for Lien or Levy Action Under Code Section 6330(d). On July 23, 2001, respondent filed a motion to dismiss the petition for lack of jurisdiction insofar as it relates to the section 6682 penalty. OPINION We must decide: (1) Whether to dismiss for lack of jurisdiction with respect to the penalty assessed petitionerPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011