- 8 - The record reflects that respondent sent by certified mail to petitioner’s last known address a Notice of Federal Tax Lien Filing and Your Right to a Hearing Under Section 6320, dated March 4, 2003. Although petitioner timely submitted a Form 12153 with respect to taxable years 1993, 1994, and 2000, petitioner contends that she never received the aforementioned notice and only became aware of the lien when she went to her bank to secure a mortgage. This Court finds that the evidence in the record demonstrates that petitioner received the notice and was aware of the lien. Petitioner received a hearing based on her right under sections 6320 and 6330. Even assuming that petitioner did not receive the notice, the record is sufficient to show that respondent met all of the section 6320 prerequisites with respect to petitioner’s 1993, 1994, and 2000 tax years. There is no genuine issue of material fact, and this Court holds for respondent as a matter of law. IV. Underlying Tax Liability Respondent also contends that petitioner’s argument that the “penalty for at least three years should also be removed” was not raised in petitioner’s Request for a Collection Due Process Hearing or during the hearing itself, and therefore cannot be raised for the first time in this Court. Section 6330(c) addresses the matters to be considered at a section 6320 hearing:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011