- 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011