Dina DeSalvo - Page 9

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               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:                                                       






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