- 9 - F. Petitioners’ Petition On April 5, 2001, petitioners filed with the Court a petition for lien or levy action seeking review of respondent’s notice of determination.7 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) petitioners never received a notice and demand for payment; and (3) petitioners were denied the opportunity to challenge (a) the appropriateness of the collection action; and (b) the existence or amount of their underlying tax liability. G. 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 6(...continued) that “During the Collection Due Process Hearing I provided you a Summary Record of Assessment, which you handed back to me because the Secretary did not sign it.” At the hearing on respondent’s motion, respondent’s counsel represented that what was provided to petitioners at the Appeals Office hearing was Form 4340, Certificate of Assessments, Payments, and Other Specified Matters, with regard to petitioners’ taxable year 1997. 7 At the time that the petition was filed, petitioners resided in Las Vegas, Nevada.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011