Carter B. Tatum, Jr. and Barbara B. Tatum - Page 4

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               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...)           




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