Robert A. Wodarczyk - Page 4




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          Collection Action(s) Under Section 6320 and/or 6330 (the notice).           
          The notice addressed only petitioner’s income tax for the 1993              
          tax year.  The petition, however, addresses not only 1993 but               
          also petitioner’s unpaid income tax liabilities for the years               
          1994 through and including 1999.                                            
               It is evident from the record that the parties negotiated              
          petitioner’s tax liabilities for all these years, including the             
          year 1993.  However, there is no evidence in the record that                
          petitioner’s tax liabilities for the years 1994 through 1999 were           
          ever assessed; there is no evidence that respondent ever issued a           
          Notice of Intent To Levy upon petitioner for those years; nor is            
          there any evidence that a Notice of Determination Concerning                
          Collection Action(s) Under Section 6320 and/or 6330 was ever                
          issued for petitioner’s 1994 through 1999 tax years.  Since this            
          Court’s jurisdictional authority in cases of this nature is based           
          on section 6330(d)(1)(A) and the issuance by the Commissioner of            
          a Notice of Intent To Levy and a Notice of Determination                    
          regarding such levy, it is evident that this Court lacks                    
          jurisdiction over petitioner’s 1994 through 1999 tax years.                 
          Therefore, this case will be dismissed for lack of jurisdiction             
          as to the years 1994 through 1999, and all allegations with                 
          respect to those years will be stricken.  The sole issue for                
          decision is whether there was an abuse of discretion by                     







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