- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011