Roger Stoewer - Page 5




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               On January 12, 2001, respondent’s Appeals officer held an              
          Appeals Office hearing with petitioner with respect to the notice           
          of lien.  At the Appeals Office hearing, the Appeals officer gave           
          petitioner Form 4340, Certificate of Assessments, Payments, and             
          Other Specified Matters, with respect to each of his taxable                
          years 1996 and 1997.                                                        
               On January 25, 2001, the Appeals Office issued to petitioner           
          a notice of determination concerning collection action(s) under             
          section 6320 and/or 6330 (notice of determination).7  An attach-            
          ment to the notice of determination stated in pertinent part:               
               MATTERS CONSIDERED AT APPEALS                                          
               Applicable Law and Administrative Procedures                           
               Based on the information available, the requirements of                
               applicable law and administrative procedures have been                 
               met.                                                                   
               Internal Revenue Code Section 6321 provides for a                      
               statutory lien when a taxpayer neglects or refuses to                  
               pay a tax liability after notice and demand.  Tran-                    
               scripts show notice and demand was issued.                             
               Internal Revenue Code Section 6320(a) requires that the                
               Internal Revenue Service notify a taxpayer of a notice                 


               6(...continued)                                                        
          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., Copeland v. Commissioner, T.C. Memo. 2003-46; Smith v.                
          Commissioner, T.C. Memo. 2003-45.                                           
               7On Jan. 25, 2001, respondent issued to petitioner a sepa-             
          rate notice of determination with respect to the frivolous return           
          penalty under sec. 6702 regarding each of his returns for 1996              
          and 1997.                                                                   





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