- 7 - intent to levy, petitioners filed Form 12153, Request for a Collection Due Process Hearing (Form 12153), and requested a hearing with respondent’s Appeals Office (Appeals Office) with respect to petitioners’ taxable year 1991, petitioners’ unpaid liabilities for 1995, 1996, 1997, and 1998, and the frivolous return penalty under section 6702 with respect to petitioners’ taxable year 1999. In that form, petitioners stated that they intended to make an audio recording of their Appeals Office hearing. Petitioners attached a document to their Form 12153 (petitioners’ attachment to Form 12153) that contained state- ments, contentions, arguments, and requests that the Court finds to be frivolous and/or groundless.5 In response to petitioners’ Form 12153, a settlement officer with the Appeals Office (settlement officer) sent a letter dated July 23, 2002, which stated in pertinent part: I have scheduled the hearing you requested on this case for the date and time shown above [August 29, 2002]. * * * * * * * * * * I have requested certified transcripts showing the assessments, and plan to have copies for you at the hearing. * * * Further, no audio or stenographic re- cordings are allowed on Appeals cases effective as of 5Petitioners’ attachment to Form 12153 contained statements, contentions, arguments, and requests that are very similar to the statements, contentions, arguments, and requests contained in the attachments to Forms 12153 filed with the Internal Revenue Service by certain other taxpayers with cases in the Court. See, e.g., Flathers v. Commissioner, T.C. Memo. 2003-60.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011