- 2 - FINDINGS OF FACT Most facts were stipulated. We incorporate herein by this reference the parties’ stipulation of facts and the accompanying exhibits. Petitioner resided in Artesia, New Mexico, at the time his petition was filed with the Court. In a letter dated September 13, 1999, respondent mailed a “Final Notice - Notice of Intent to Levy and Notice of Your Right to a Hearing” to petitioner with respect to Federal income taxes. The September 13 notice informed petitioner of (1) respondent’s intention to levy under section 6331 and (2) petitioner’s right to Appeals Office consideration. Additionally, enclosed with the notice was a copy of Form 12153, Request for a Collection Due Process Hearing, to request a hearing with the Appeals Office. On October 12, 1999, pursuant to section 6330(a), petitioner timely requested a hearing using the Form 12153. In the request for a hearing, petitioner questioned the existence of a “valid summary record of assessment pursuant to 26 CFR � 301.6203-1.” On March 29, 2000, respondent mailed to petitioner a letter stating that it was the Appeals officer’s “determination that * * * [petitioner’s] reasons for disagreeing with the proposed enforcement actions are frivolous and without merit” and scheduling a hearing for April 19, 2000. Petitioner did not attend the scheduled hearing and did not contact the Appeals officer to reschedule the hearing.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011