Carol Lee Moore - Page 4




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               On June 11, 2001, petitioner filed a Petition for Lien or              
          Levy Action Under Code Section 6320(c) or 6330(d).  On August 30,           
          2001, petitioner filed an Amended Petition for Lien or Levy                 
          Action Under Code Section 6320(c) or 6330(d).                               
                                       OPINION                                        
               In the amended petition, petitioner argues that (1)                    
          respondent denied her right to a “Due Process Hearing under IRC             
          6320" alleging that respondent ignored petitioner’s telephone               
          calls to reschedule the hearing; and (2) she is entitled to a               
          filing status as “Head of Household” because she sent proofs of             
          eligibility to respondent.  Respondent contends that (1)                    
          petitioner was afforded the opportunity for a hearing but waived            
          that right when she failed to cooperate; and (2) under section              
          6330(c)(2)(B), petitioner is precluded from challenging her 1992            
          liability because she received a notice of deficiency for 1992.             
               Section 6321 provides that, if any person liable to pay any            
          tax neglects or refuses to do so after demand, the amount shall             
          be a lien in favor of the United States upon all property and               
          rights to property, whether real or personal, belonging to such             
          person.  Pursuant to section 6323, the Commissioner generally is            
          required to file a Notice of Federal Tax Lien with the                      
          appropriate State office for the lien to be valid against certain           
          third parties.                                                              








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