Pepper Pot Trust, David-Keith Jacobs, Trustee - Page 5

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          C.   The Notice of Determination                                            
               On April 10, 2002, respondent sent each trust a Notice of              
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330 (the determination letter), in which respondent                 
          stated that collection from each trust of its tax for tax years             
          1996-97 would proceed.  Each trust filed a petition for review of           
          respondent’s notice of determination.  The petitions contain the            
          following contentions and disputed facts:  (1) Respondent has not           
          provided the trusts with Internal Revenue Code sections                     
          establishing tax liability; (2) respondent has not provided the             
          trusts delegation authority for assessing tax; (3) respondent has           
          failed to provide Forms 23C; (4) the Forms 4340 for 1997 were               
          flawed and do not show the proper assessment of tax; (5) the                
          taxes for 1996 and 1997 were not legally assessed; (6) the                  
          proposed levies were more intrusive than necessary; (7)                     
          respondent’s determination of the trusts’ purported tax                     
          liabilities, the filing of the Notices of Federal Tax Lien, and             
          respondent’s collection actions were based on hearsay evidence              
          and thus invalid; (8) respondent’s failure to give the trusts               
          Certificates of Assessment as requested denied them a meaningful            
          opportunity to dispute the lawful assessment of tax; and                    
          (9) respondent cannot bring a collection action until respondent            
          gives the trusts certified evidence to support the claimed tax              
          liabilities.                                                                






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