- 8 - follows: You requested a Collection Due Process Hearing under IRC �6330 objecting to proposed levy action. The arguments you submitted with your request for a hearing, and at your hearing have been determined by the courts to be frivolous and without merit. You did not challenge the appropriateness of the proposed collection action or raise any collection alternatives. You are precluded from raising the underlying liability as an issue under IRC �6330(c)(2)(B) because you were previously provided an opportunity to dispute the tax liability and did not elect to do so. G. Petitioner’s Petition On August 14, 2001, petitioner filed with the Court a Petition for Lien or Levy Action seeking review of respondent’s notice of determination.5 The petition includes allegations that: (1) The Appeals officer failed to obtain verification from the Secretary that the requirements of any applicable law or administrative procedure were met as required under section 6330(c)(1); (2) the Appeals officer failed to identify the statutes making petitioner liable for Federal income tax; and (3) petitioner was denied the opportunity to challenge (a) the appropriateness of the collection action; and (b) the existence or amount of his underlying tax liability. H. Respondent’s Motion To Dismiss As stated, respondent filed a Motion To Dismiss For Failure To State A Claim And To Impose A Penalty Under I.R.C. �6673. 5 At the time that the petition was filed, petitioner resided in Henderson, Nevada.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011