Nield and Linda Montgomery - Page 5

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          return and that they intended to submit an amended income tax               
          return for 2000.  Although the parties agreed that petitioners              
          would be permitted to submit an amended return, the parties did             
          not set a deadline for the submission of such amended return.               
               On September 26, 2002, without any further communication               
          between the parties, the Appeals Office issued to petitioners a             
          Notice of Determination Concerning Collection Action(s) Under               
          Section 6320 and/or 6330.  The notice of determination, signed by           
          Appeals Team Manager Debra M. Brush, stated in pertinent part:              
          “The Taxpayer has indicated he would file amended returns to                
          mitigate the liability, but such has not been done in a                     
          reasonable time, and the mere filing of such claim does not                 
          guarantee that the claim should be paid.  Therefore, the levy               
          should be allowed to proceed.”  As of September 26, 2002,                   
          petitioners had not submitted to respondent an amended income tax           
          return for 2000.  However, on October 11, 2002, petitioners                 
          submitted to respondent an amended income tax return for 2000               
          which reflects that petitioners are due a refund of $519,087.               
               On October 28, 2002, petitioners filed with the Court a                
          Petition for Lien or Levy Action Under Section 6320 and/or 6330.2           
          The sole issue raised in the petition is a challenge to the                 
          amount of petitioners’ underlying tax liability for 2000.                   


               2  The petition was timely mailed to the Court on Oct. 25,             
          2002.  Secs. 6330(d), 7502(a).                                              




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