- 2 - meaning of section 6320(b) or 6330(b).1 In particular, petitioner contends that telephone contacts between himself, his representative, and the Appeals officer do not constitute a “hearing” as contemplated in section 6320(b). Background Petitioner filed 1997, 1999, and 2000 Federal income tax returns, but failed to pay all of the reported tax liabilities. The liabilities were assessed by respondent and on March 25, 2002, petitioner was sent a Notice of Federal Tax Lien Filing And Your Right to a Hearing Under I.R.C. 6320. A Notice of Federal Tax Lien had been filed and recorded on March 20, 2002, and on March 28, 2002, petitioner entered into an installment agreement to pay his outstanding tax liabilities. After the filing of the Notice of Federal Tax Lien and entering into the installment agreement, petitioner sought to have the Notice of Federal Tax Lien removed. On May 1, 2002, petitioner requested a hearing by submitting a Form 12153, Request For A Collection Due Process Hearing, and on November 25, 2002, respondent’s Appeals officer sent a letter offering to schedule a hearing. In a December 13, 2002, letter, petitioner’s representative, a lawyer under a power of attorney from petitioner, set forth the relief sought by his client, to 1 Section references are to the Internal Revenue Code in effect for the period under consideration. Rule references are to the Tax Court’s Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011