Wayne A. and Marykay Weishan - Page 5




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          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.                   






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