- 5 - Form 4340 does not satisfy the verification requirement imposed under section 6330(c)(1). On October 5, 2001, the Appeals Office issued to petitioners a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 stating that respondent would proceed with collection against petitioners for 1996. Petitioners filed with the Court a Petition for Lien or Levy Action Under Code Section 6320(c) or 6330(d) contesting respondent’s notice of determination.2 Petitioners subsequently filed an amended petition, and then a second amended petition that included allegations pertaining to the lien notice filed October 8, 1998, and the imposition of the frivolous return penalty under section 6702. Petitioners’ primary contention remains that the Appeals officer failed to obtain the verification required under section 6330(c)(1). Respondent filed a motion to dismiss for failure to state a claim and to impose a penalty under section 6673. Petitioners filed a response in opposition to respondent’s motion. This matter was called for hearing at the Court’s motions session held in Washington, D.C. Counsel for respondent appeared at the hearing and presented argument in support of respondent’s motion. No appearance was made by or on behalf of 2 At the time the petition was filed, petitioners resided in Fairfield, Cal.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011