-4- Your Right to a Hearing (final notice). The final notice informed petitioner of his tax liability for 1994, 1995, 1996, and 1997.2 In addition, the final notice informed petitioner of (1) respondent’s intent to collect that liability through a levy upon his property pursuant to section 6331 and (2) petitioner’s right under section 6330 to a hearing with respondent’s Office of Appeals (Appeals) to discuss the proposed levy. Enclosed with the final notice was a copy of Form 12153, Request for a Collection Due Process Hearing. On December 17, 2001, respondent received from petitioner a Form 12153 requesting the referenced hearing. Petitioner attached a letter entitled “Request for a Collection Due Process Hearing as Provided for in Code Sections 6320 & 6330.” That letter stated: It is clear that before any appeals officer can recommend the seizure of any property pursuant to Code Section 6331 certain elements have to be present. For one thing (pursuant to that statute) that person has to be statutorily “liable to pay” the taxes at issue, and only after he “neglects or refuses to pay the same within 10 days after notice and demand,” can his property be subject to seizure. Therefore, apart from the appeals officer having to identify the statute that makes me “liable to pay” the taxes at issue, he needs to have a copy of the statutory “notice and demand” which I “neglected” and “refused” to pay. In addition, I can’t be “liable” to pay an income tax, if the tax in question has never been assessed against me as required by Code Sections 6201 and 6203. So I will need to see a copy of the record of my assessments. 2 Petitioner does not contest in this case his 1997 tax liability.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011