Early Robertson, Jr. - Page 3

                                        - 3 -                                         
          for years 1995 through 1999.  The total amount due for the 5                
          years was shown as $14,133.01.  On November 15, 2000, respondent            
          received from petitioner a timely Form 12153, Request for a                 
          Collection Due Process Hearing.                                             
               A hearing was conducted by telephone on May 3, 2002.                   
          Following the hearing, on May 8, 2002, respondent issued to                 
          petitioner the Notice of Determination Concerning Collection                
          Action(s) Under Section 6330 sustaining the proposed levy.  The             
          notice summarized the determination as follows:                             
               We have determined that the proposed levy is                           
               appropriate.  We considered the liability issues you                   
               raised for tax years 1997, 1998 and 1999 and determined                
               that the liability should not be decreased.  We did not                
               consider the liability issues you raised for tax years                 
               1995 and 1996 because you received the statutory notice                
               of deficiency for those years.                                         
          An attachment to the notice then expanded on the foregoing                  
          summary, under the heading “Relevant Issues Presented by the                
          Taxpayer”:                                                                  
               You have raised a liability issue regarding a                          
               dependency exemption, head of household filing status,                 
               and the earned income credit.  These liability issues                  
               for years 1995 and 1996 could not be discussed at the                  
               hearing because you received the statutory notice of                   
               deficiency.  You failed to invoke the jurisdiction of                  
               the U.S. Tax Court and the tax for 1995 and 1996 was                   
               properly assessed. * * *                                               
               We did consider the liability issues you raised for tax                
               years 1997-1999 as part of the Collection Due Process                  
               Hearing.  However, you failed to provide any                           
               documentation to show that you were entitled to claim a                
               dependent, head of household filing status and the                     







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011