Peter M. and Susan L. Hoffman - Page 5

               At or about the time that petitioners filed the amended                
          return, they remitted payment for the $218,152.  Respondent                 
          assessed the additional tax shown on petitioners’ amended return            
          on November 6, 1997, which is 59 days after the amended return              
          was filed.                                                                  
               On May 6, 1999, respondent issued to petitioners a Notice of           
          Intent to Levy and Notice of Your Right to a Hearing (notice of             
          intent to levy).  The notice of intent to levy is not contained             
          in the record.  The Court understands that respondent proposes to           
          effect the levy to collect interest and penalties related to the            
          amount of additional tax liability reported in the amended                  
          return.  The record does not disclose the type of penalties                 
          respondent assessed.                                                        
               On May 10, 1999, petitioners timely requested a hearing                
          under section 6330.  In their request, petitioners stated that              
               we are disputing any balance due and are requesting a                  
               refund of $218,152 paid in error.                                      
               Mr. and Mrs. Hoffman filed a form 1040X in 1997 for the                
               year 1990.  They paid $218,152 of additional tax with                  
               this form.  The IRS is attempting to collect                           
               accumulated interest and penalty on said amended                       
               return. [sic]                                                          
               The 1990 amended return was filed subsequent to the                    
               expiration of the statute of limitations and was                       
               therefore invalid.  Assessment of penalties and                        
               interest is incorrect.  The taxpayers are now aware of                 
               their error and intend to file a Claim for refund of                   
               the $218,152 paid utilizing the format enclosed.                       

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