- 14 - Year Amount Due 1995 $511.71 1997 2,020.53 1998 22,451.65 Total 24,983.89 No later than May 27, 2001, respondent received from petitioner another Form 12153, Request for a Collection Due Process Hearing. Petitioner attached to this Form 12153 the same 2-page typewritten statement and exhibit that he attached to his previously filed Form 12153.8 The following passage from the statement attached to petitioner’s Form 12153 reflects its tenor: It is clear that before any appeals officer can recommend the seizure of any property pursuant to Code Section 6331 certain elements have to be present. For one thing (pursuant to that statute) that person has to statutorily “liable to pay” the taxes at issue, and only after he “neglects or refuses to pay the same within 10 days after notice and demand,” can his property be subject to seizure. Therefore, apart from the appeals officer having to identify the statute that makes me “liable to pay” the taxes at issue, he needs to have a copy of the “notice and demand” which I “neglected” and “refused” to pay. In addition, I can’t be “liable” to pay an income tax, if the tax in question has never been assessed against me as required by Code Sections 6201 and 6203. So I will need to see a copy of the record of my assessments. And since (as provided by Code Section 6201(a)(1) and IRS Transaction Code 150) all assessments have to be based of filed returns, I will have to see a copy of the return which any claimed assessment is based. 8 As indicated in the text, neither Form 12153 was executed by petitioner’s wife, nor did either purport to be filed on her behalf.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011