- 4 - On September 11, 1995, respondent assessed the amounts shown in the notice of deficiency, together with statutory interest, and thereafter began collection procedures against petitioners. On November 25, 1999, respondent issued to petitioners a Final Notice, Notice of Intent to Levy and Notice of Your Right to a Hearing, Letter 1058, pursuant to sections 6330(a) and 6331(d)(2), pertaining to petitioners’ 1990, 1991, and 1995-98 Federal income tax liabilities.2 Respondent mailed this notice to petitioners’ 80 North Star Trail address. On December 22, 1999, respondent received a timely filed Form 12153, Request for a Collection Due Process Hearing, submitted on behalf of petitioners. Petitioners’ return address on the Form 12153 was the 80 North Star Trail address. Petitioners, in the Form 12153, provided the following explanation of their disagreement with the notice of levy: “The assessment of the tax was in error; want the opportunity to dispute the assessed liability and then, to the extent owed, discuss payment options.” On October 17, 2000, Appeals Officer C.S. Sheppard spoke by telephone with petitioners’ representative, David R. Miller, with respect to petitioners’ request for a hearing.3 During the 2 In their petition, as well as at trial, petitioners contested only their 1990 and 1991 income tax liabilities; therefore, the years 1995-98 are not before us. 3 At trial, Mr. Miller did not contest that this telephone conference served as the required statutory hearing. However, Mr. Miller asserts that the “hearing did not go far enough” in that (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011