- 8 - that the collection action be no more intrusive than necessary and was appropriate under the circumstances. Petitioner mailed a letter dated May 19, 2002, to this Court which this Court treated as a timely, but imperfect, petition appealing respondent’s determination for 1993 and 1994. This Court then mailed petitioner an order requiring her to file a proper amended petition. On June 17, 2002, this Court received and filed petitioner’s amended petition, which purported to cover the period from “1993 through present”. In her original petition, petitioner alleged, among other things, that she had no money and requested that the Court send her a form petition and “Pauper’s Affidavit”. Petitioner did not make any allegations in either her original petition or in her amended petition that the proposed levy was improper, nor did she raise any justiciable issue regarding the collection of the assessed liabilities other than a general assertion that she had no money. On November 25, 2002, respondent filed a motion for summary judgment and to impose a penalty under section 6673. In that motion, respondent contends that he is entitled to summary adjudication as a matter of law, and he supports his contention with a declaration from Appeals Officer Dodson, signed under penalties of perjury, and related exhibits. Respondent also moves for the imposition of a penalty under section 6673 becausePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011