- 4 - 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 wasPage: 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