- 31 - MARVEL, J., concurring: I agree with the majority that respondent’s motion for summary judgment must be denied in this case. There are several reasons for doing so, including the reasons set forth in the majority opinion. I believe, however, that the facts of this case raise a serious factual issue as to whether the taxpayers received the hearing mandated by section 6330, and on this ground alone, I would deny respondent’s motion. The majority opinion states that, on April 18, 2002, petitioners submitted a request for an administrative hearing. In the letter accompanying the request, petitioners’ representative advised the Internal Revenue Service that petitioners intended to file an amended income tax return to “more appropriately report the exercise of the incentive and nonqualified stock options” that gave rise to petitioners’ unpaid tax liability for 2000. Petitioners’ representative also challenged the appropriateness of the proposed levy, indicated that the levy would cause irreparable harm to petititoners, and stated that there were reasonable collection alternatives. Appeals Officer Johnson had a conversation with petitioners’ representative on July 22, 2002, in which he agreed that petitioners would be permitted to submit the amended return, but he did not set any deadline for doing so. On September 26, 2002, without any further notice to petitioners and apparently without holding the required hearing, the Appeals Office issued toPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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