Carter B. Tatum, Jr. and Barbara B. Tatum - Page 5

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          telephone conference, Appeals Officer Sheppard advised Mr. Miller           
          that petitioners could not challenge the underlying tax liability           
          for the 1990 and 1991 tax years since petitioners had received a            
          statutory notice of deficiency dated April 12, 1995, covering those         
          years.  In addition, during the October 17, 2000, telephone                 
          conference, Appeals Officer Sheppard informed Mr. Miller that               
          petitioners had agreed to the 1996 adjustment, that the 1995 and            
          1997 deficiencies were based on the returns as filed, and that              
          those returns could be amended by the petitioners.  Mr. Miller did          
          not propose any collection alternatives.                                    
               On January 11, 2001, respondent issued to petitioners a                
          “Notice of Determination Concerning Collection Action(s) Under              
          Section 6320 and/or 6330” (notice of determination), notifying              
          petitioners of the determination to proceed with collection of the          
          1990, 1991, 1995, 1996,  and  1997  income  tax  liabilities.               
          Petitioners filed a petition with this Court under section 6330(d)          
          disputing respondent’s notice of determination.                             
                                       OPINION                                        
               In general, section 6330 prohibits the Commissioner from               
          proceeding with collection by levy until the taxpayer has been              
          given notice and an opportunity for an administrative review of the         
          matter (in the form of a hearing before the IRS’s Office of                 


               3(...continued)                                                        
          Appeals Officer Sheppard refused to consider the underlying tax             
          liability for the 1990 and 1991 tax years.                                  




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