- 15 - taxpayers’ original audits for 1984 and 1985 and the penalties and interest assessed.[1] The taxpayer has fully paid those tax years and copies of the lien releases were provided to the taxpayer. Those tax years do not fall under the Due Process Procedures. Any claims for abatement of penalties and interest should be made under the appropriate method of filing. The lien notices for 1987, 1988, and 1990 were filed on 8/18/94 and are not subject to appeal under IRC Section 6320. The taxpayer has not raised any possible collec- tion alternative. Balancing Efficient Collection and Intrusiveness The revenue officer issued L 1058 after identify- ing levy sources. Repeated requests were made for financial statements and they were not provided nor has the taxpayer raised any possible collection alternative for these years. It is his contention that prior years are overpaid, yet no evidence has been provided to verify that any possible overpayments not previously addressed would full pay these tax years. Therefore, since the taxpayer has not provided any financial statements to determine if there may be a less intru- sive method of collection, the District should proceed with levy enforcement. 1The record does not contain a copy of the attach- ment to petitioner’s Form 12153. OPINION Petitioner contends that respondent has not accounted for all of the payments that he made to the IRS with respect to his taxable years 1984, 1985, 1986, 1987, and/or 1990.6 According to petitioner, if respondent had properly accounted for all such 6Although given the opportunity to do so, petitioner did not file any briefs in this case. Our understanding of petitioner’s position is based upon his opening statement and his testimony at the trial in this case.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011