- 30 - information. Tax year 1996 will be processed as the original filed return and if excepted [sic] as filed, there will not be any balance due. The tax return 1996 that you provided shows and [sic] overpayment of $3,839.28. The Refund Expiration Date for 1996 is April 15, 2000, therefore, the above-mentioned debtor’s will not receive the overpayment. The information provided for tax year 1997, I could find no evidence that the return was filed or received prior to the date that Internal Revenue Service made the assessment of August 13, 2001. Tax year 1997 still remains to be nondischargeable as we had determined at discharge. On January 23, 2003, the Appeals Office issued to petitioners a notice of determination with respect to their taxable years 1996, 1997, and 1999. That notice of determination stated in pertinent part: Summary of Determination The determination of the Appeals Office is to sustain the decision to issue the Final Notice of Intent To Levy/Seizure. The assessment is valid and the actions were appropriate. You did not respond to this office’s request for information and made no proposals to resolve the delinquent liability. The case is being returned to the Compliance Office for appropriate collection actions. An attachment to the notice of determination stated in pertinent part: Summary of the issues and brief back ground: * * * You filed a timely request for a hearing with Appeals under the provisions of IRC 6630 concerning the appropriateness of propsong a levy action to secure payment for the above listed tax liabilities [with respect to petitioners’ taxable years 1996, 1997, and 1999]. You claimed your gross income was not taxable and your tax assessments were illegal and not valid. A hearing was held with you on 11-20-2002. The hearingPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011