- 5 - tax, penalties, and interest of $9,817.80, $496.40, and $425.92, respectively, on December 27, 1999. Petitioners attended the Appeals Office hearing conducted on June 11, 2001. During the hearing, petitioners challenged the validity of the notice of deficiency dated June 18, 1999, asserted that they did not receive a notice and demand for payment under section 6303(a), and argued that the transcript of account (described above) was insufficient to satisfy the verification requirement imposed upon the Appeals Office under section 6330(c)(1). On July 12, 2001, respondent issued to petitioners a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 stating that respondent would proceed with collection. On August 10, 2001, petitioners filed with the Court a petition for review of respondent’s notice of determination. The petition included the same allegations and arguments that petitioners raised at the Appeals Office hearing. In response to the petition, respondent filed a motion to dismiss for failure to state a claim upon which relief may be granted and to impose a penalty under section 6673. Respondent contends that, because the record shows that petitioners received the notice of deficiency dated June 18, 1999, petitioners are barred under section 6330(c)(2)(B) from challenging the notice of deficiency and/or their underlying tax liability in this proceeding.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011