Benedict John Casey - Page 7

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          Each attachment indicates that the only issue raised by                     
          petitioner was the disallowance of his claimed mileage expenses             
          and states in pertinent part:                                               
               The only issue raised by the taxpayer is the fact that                 
               his mileage was not allowed * * *                                      
               Since taxpayer was issued a Statutory Notice of                        
               Deficiency and did not petition Tax Court, this issue                  
               cannot be considered in connection to the CDP hearing.                 
               Taxpayer is not entitled to judicial review of the                     
               items in the Statutory Notice per IRC sec.                             
               6330(c)(2)(B).  However, I offered to review his                       
               records and consider his request for adjustment as an                  
               audit reconsideration, apart from the CDP [collection                  
               due process] hearing.                                                  
               Taxpayer never responded to my letters or telephone                    
               calls.                                                                 
                         *    *    *    *    *    *    *                              
               Taxpayer indicated in his request for a CDP hearing                    
               that he didn’t agree with the balance due because the                  
               agent didn’t allow him business miles.  I offered                      
               taxpayer an audit reconsideration, apart from the CDP                  
               hearing, but taxpayer did not call or make the                         
               schedule[d] conference.  His “mileage records” do not                  
               support an adjustment without further explanation and                  
               clarification.                                                         
               It appears taxpayer has a history of dropping the ball                 
               – making some contact – then not responding.  This                     
               happened during the examination, with collection, and                  
               now in appeals.                                                        
               The levy balances the need for the efficient collection                
               of taxes with the legitimate concern of Benedict John                  
               Casey that any collection action be no more intrusive                  
               than necessary, because he has failed to cooperate in                  
               proving the liability is incorrect and failed to offer                 
               any collection alternative.                                            








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Last modified: May 25, 2011