- 9 - Secretary that the requirements of any applicable law or administrative procedure were met as required under section 6330(c)(1); (2) the Appeals officer failed to identify the statutes making petitioner liable for Federal income tax; and (3) petitioner was denied the opportunity to challenge (a) the appropriateness of the collection action and (b) the existence or amount of his underlying tax liability. Concurrently with the filing of his petition, petitioner filed a Motion to Dismiss for Lack of Jurisdiction in which he asked the Court to “declare invalid the ‘Determination’ at issue, since the appeals officer issued the ‘Determination’ without having established due process as required by law.” Petitioner attached to his motion a Memorandum of Law in which he repeated many of the allegations in the petition. Petitioner also alleged in the memorandum: there is no Code Section that authorizes IRS employees to attribute to petitioner more taxes than he reported on his 1997 tax return. Since income taxes are based on “self-assessment,” petitioner can only owe in taxes, the amount reported on his 1997 tax return, which, in this case, correctly reports “zero” * * * . Petitioner attached to his petition and/or motion to dismiss several documents, including (1) a copy of the aforementioned literal transcript that had been furnished to him at the administrative hearing on April 11, 2001, and (2) a copy of Davis v. Commissioner, T.C. Memo. 2001-87. In Davis, this Court sustained the Commissioner’s determination to proceed withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011