Robert Newstat - Page 4

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          totaled $477,912.76.  In response to the notice, petitioner’s               
          representative, Douglas A. Fendrick (Mr. Fendrick), timely                  
          submitted a Form 12153, Request for a Collection Due Process                
          Hearing, received by respondent on November 4, 1999.  The Form              
          12153 contained the following explanation of petitioner’s                   
          disagreement with the notice of levy as it pertained to the 1985            
          liabilities:  “Statute of limitation may have expired”.                     
               On February 14, 2001, petitioner filed a joint Form 1040               
          with his wife for the taxable year 1999 reporting a tax liability           
          of $19,748.  No prepayments had been made for 1999, nor was any             
          payment submitted with the return.  The reported tax liability              
          was assessed on April 2, 2001, along with additions to tax and              
          interest.  A notice of balance due was also sent on that date.              
               Respondent issued to petitioner and his spouse a Final                 
          Notice--Notice of Intent to Levy and Notice of Your Right to a              
          Hearing on September 7, 2001, with respect to the 1999 year.  The           
          notice reflected a total assessed balance and statutory additions           
          of $29,191.87.  In response, a timely Form 12153, signed only by            
          petitioner, was received by respondent on October 9, 2001.                  
          Petitioner attached to the Form 12153 an explanation of his                 
          disagreement, communicating why he believed the amount requested            
          for payment was incorrect.  Petitioner represented that he noted            
          on the 1999 return that:  (1) The income reported on the Schedule           
          C, Profit or Loss From Business, for his sole proprietorship was            






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