- 3 - 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 byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011