- 6 - and that a notice and demand for payment had been made. The Appeals officer reviewed petitioner’s joint returns for the relevant years, the notice of deficiency for 1997, the Forms 12153 that petitioner had filed, the administrative files for the years 1995 through 1999, the case history, and a 14-page fax transmittal from petitioner. The Appeals officer determined that all applicable laws and administrative procedures had been met. On March 12, 2002, the Internal Revenue Service (IRS) Office of Appeals issued a notice of determination sustaining the lien filings6 and the proposed levy action. Petitioner filed a petition on April 3, 2002, in which he alleges: a) At the CDP hearing the appeals officer provided no proof that the notice sent to the plaintiff notifying him of his right to a CDP hearing was sent by anyone delegated by the Secretary to do so (as required by 6330(a)(1)[)], and it is the plaintiff’s contention that no such delegation of authority exists. b) At the hearing the appeals officer violated the law by not “presenting” plaintiff with the “verification from the secretary” as required by the Code Sections 6330(c)(1) and 6330(c)(3)(A), and it is the plaintiff’s contention that no such “verification exists.” c) No statutory Notice and Demand for payment was ever sent to plaintiff in connection with the taxes and or penalty at issue in accordance with the provisions 6The notice of determination released the lien filing with respect to the 1995 and 1996 tax liabilities since those taxes were paid in full. The notice determined that the lien filing with respect to the 1997, 1998, and 1999 tax liabilities should be maintained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011