Edwin E. and Bertalina Alvarez - Page 2

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          the filing of a notice of federal tax lien (NFTL) was                       
          appropriate.                                                                
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  Petitioners resided in              
          Bell Gardens, California, at the time their petition was filed.             
               On August 18, 1999, respondent issued a notice of deficiency           
          to petitioners determining a deficiency in Federal income tax and           
          an accuracy-related penalty for the taxable year 1996.                      
          Petitioners filed a petition with this Court in response to the             
          notice of deficiency.  However, petitioners’ case was ultimately            
          dismissed by the Court for lack of jurisdiction on the ground               
          that the petition was not timely filed.  Petitioners’ 1998 return           
          was also audited, but they consented to the assessment of a tax             
          deficiency for that year.                                                   
               On December 12, 2001, respondent sent to petitioners a                 
          Notice of Federal Tax Lien Filing and Your Right to a Hearing               
          Under IRC 6320 for their taxable years 1996 and 1998.  On January           
          18, 2002, petitioners requested a section 6330 hearing, stating             
          that they objected to the filed NFTL because “they never received           
          an audit notice[,] * * * did not receive a notice of deficiency             
          and would like an opportunity to dispute the tax liability.”                








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