- 6 - On October 24, 2002, respondent sent petitioners a Notice Of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (notice of determination) with regard to their tax liabilities for 1992 and 1993. In the notice of determination, the Appeals Office stated that respondent’s determination to proceed with collection by way of levy should be sustained. D. Petitioners’ Petition On November 22, 2002, petitioners filed a Petition for Lien or Levy Action Under Code Section 6320(c) or 6330(d) (the petition). In the petition, petitioners allege as follows: We claim we do not owe these taxes. Upon several requests to the Internal Revenue Service they were unable to support their claim to Notice of Deficiency with any documentation (other than a transcript). My accountant has disposed of these records as well as Barbara and myself, the Petitioners. E. Pretrial Developments After this case had been calendared for trial, respondent filed a Motion For Summary Judgment (the motion). In the motion, respondent alleged that “The sole issue presented in this case is whether petitioners are precluded from challenging the liability they asserted on their originally filed returns in a Collection Due Process hearing.” Relying on section 6330(c)(2)(B), respondent took the position that petitioners were precluded, as a matter of law, from challenging the liabilities reported by them on their 1992 and 1993 returns. Respondent attached to his motion, inter alia, copies ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011