- 5 - 6320 and/or 6330, sustaining the lien action.4 An attached Collection Due Process Appeals Case Memorandum addressed the verification of legal and procedural requirements, the issues raised by the taxpayer, and the balancing of efficient collection and intrusiveness. In light of the frivolous nature of the arguments advanced by petitioner, the attachment also contained a “Litigation Note” reading in part as follows: “At the hearing on January 7, 2003, the taxpayer acknowledged receipt of the documents sent with the appointment letter. I gave him another copy of Pierson and again warned him of the potential for sanctions upon frivolous litigation.” Petitioner’s petition disputing the notice of determination was filed with the Court on March 24, 2004. The petition makes two assignments of error vis-a-vis respondent’s determination: a. Error in failing to produce evidence that the Commissioner certified and transmitted the supplemental assessments list in accordance with 26 U.S.C. � 6204. b. Error in failing to prove actual mailing of the Notice of Assessment upon the Petitioner’s denial of receipts of the Notice of Assessment. Petitioner prays that this Court issue an order requiring respondent to show cause why the determination should not be 4 The Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 also explained that because petitioner’s Form 12153 was untimely with respect to the notice of intent to levy, petitioner was entitled only to an “equivalent hearing”, which is not subject to judicial review. The resultant decision was that the proposed levy action should be sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011