- 7 - H. Petitioners’ Petition On July 11, 2001, petitioners filed with the Court a petition for lien or levy action seeking review of respondent’s notice of determination.2 On August 2, 2001, petitioners filed an amended petition which includes allegations that: (1) The Appeals officer failed to obtain verification from the Secretary that the requirements of any applicable law or administrative procedure were met as required under section 6330(c)(1); and (2) petitioners never received a notice and demand for payment of the disputed taxes. I. Respondent’s Motion for Summary Judgment As indicated, respondent filed a Motion For Summary Judgment And To Impose A Penalty Under I.R.C. Section 6673 asserting that there is no dispute as to a material fact and that respondent is entitled to judgment as a matter of law. In particular, respondent contends that because petitioners received the notice of deficiency dated March 27, 1996, they cannot challenge the existence or amount of the income tax deficiencies and additions to tax determined in the notice for 1992, in this proceeding. Respondent further contends that the Appeals officer’s review of Forms 4340 with regard to petitioners’ accounts for 1992, 1993, and 1994 satisfied the verification requirement imposed under 2 At the time that the petition was filed, petitioners resided in Burley, Idaho.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011