- 6 - me with a copy of an amended return for 1999 claiming you had no statutory income to report and are entitled to a refund. Attached to the Form 12153, Request for a Collection Due Process Hearing you attached a page disputing the authority of the Service to assess and collect income tax. At the hearing you stated you did not believe you received the Statutory Notice of Deficiency issued for 1995 yet per the records in the file the address the statutory notice was sent to you was your last known address. No evidence was provided to show it was not your last known address. You did not petition so the amount per the statutory notice was assessed. The assessment is valid. As for the 1999 1040 it was originally filed with income tax owing. An assessment was made based on the 1040 filed. The assessment is valid. At the hearing, the Appeals Officer attempted to dis- cuss collection alternatives but you stated that your collection alternative would be to full [sic] pay if it could be proven to you that you owed it. You did not raise any other collection alternatives. Balancing Efficient Collection You received all required notices. You were given the opportunity at the hearing to arrange for payment of the liability but you neglected to do so. You have neglected or refused to pay. It is Appeals determina- tion that the government should be allowed to proceed with its proposed enforcement action, its intent to levy. Lacking your cooperation, the proposed collec- tion action balances the need for efficient collection with your concern that any collection action be no more intrusive than necessary. Discussion The Court may grant summary judgment where there is no genuine issue of material fact and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). WePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011