- 4 - petitioner maintained: (1) He is not “statutorily” liable to pay the taxes at issue; (2) he did not receive a valid notice of deficiency in connection with the year at issue; and (3) he did not receive the statutory “notice and demand” for payment of the taxes at issue * * *. If the appeals officer is going to claim that a particular document sent to me by the IRS was a “Notice and Demand” for payment, then I am requesting that he also provide me with a T.D. or Treas. Reg. which identifies that specific document as being the official, statutory “Notice and Demand” for payment. On October 31, 2001, respondent’s Appeals Officer Charles R. Kelly wrote petitioner to schedule the hearing as requested by petitioner. In his letter, Appeals Officer Kelly stated: The purpose of a Collection Due Process hearing is to (1) verify that the IRS office collecting the tax has met the requirements of various applicable law [sic] and administrative procedures; (2) hear any relevant issue relating to the unpaid tax; and (3) consider whether the proposed collection action (lien) balances the need for the efficient collection of the taxes with any legitimate concern that you may have that any collection action be no more intrusive than necessary. You failed to file your 1997 tax return and the IRS prepared a substitute return for you and issued you a statutory notice of deficiency. The notice was sent to your last known address at the time it was issued. I am enclosing a copy of the statutory notice of deficiency and the substitute return. A challenge to the existence or amount of the tax liability can only be made if a taxpayer did not receive a statutory notice of deficiency or did not otherwise have an opportunity to dispute that tax liability. You were issued a statutory notice of deficiency and failed to petition the Tax Court. You have had the opportunity to dispute the tax liability.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011