- 9 - F. Petitioner’s Petition On January 2, 2002, petitioner filed with the Court a Petition for Lien or Levy Action seeking review of respondent’s notice of determination.4 The petition 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); (2) the Appeals officer failed to identify the statutes making petitioner liable for Federal income tax; (3) petitioner never received a “valid” notice of deficiency; i.e., “one signed by the Secretary or someone with delegated authority from him”; (4) petitioner never received “the statutory ‘Notice and Demand’ for payment”; and (5) petitioner was denied the opportunity to challenge the existence or amount of his underlying tax liability. Petitioner also alleged that because he “did not show a tax due on any of his returns for the years in issue, no ‘deficiency’ pursuant to the provisions of [section] 6211 for those years was legally possible.”5 4 Petitioner’s petition arrived at the Court in an envelope bearing a U.S. Postal Service postmark date of November 7, 2001. During the fall/winter of 2001-2002, the Court experienced significant delays in the receipt of mail because of anthrax. At the time that the petition was filed, petitioner resided in Boulder City, Nevada. 5 Although petitioner speaks of his returns for the years in issue, only the taxable year 1998 is involved in the present (continued...)Page: 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