- 2 - This matter is before the Court on respondent’s motion to dismiss for lack of jurisdiction on the ground that the petition was not filed within the time prescribed in section 6330(d) or section 7502. As explained below, we shall grant respondent’s motion to dismiss. Background The record reflects and/or the parties do not dispute the following: On October 31, 2002, respondent issued to petitioner a Notice of Federal Tax Lien Filing and Your Right to a Hearing Under I.R.C. Section 6320 regarding petitioner’s Federal tax liabilities for the years 1995 through 1999. Petitioner timely filed Form 12153, Request for a Collection Due Process Hearing. On June 5, 2003, respondent held a telephone conference with petitioner wherein petitioner did not dispute the fact that she received notices of deficiency for the years in issue and that she did not petition the Court challenging those deficiencies. Both parties discussed collection alternatives including an offer in compromise and audit reconsideration. Based on the financial information provided by petitioner, the Appeals Office placed petitioner’s unpaid tax liabilities in a noncollectible status. On July 11, 2003, the Internal Revenue Service Appeals Office in Birmingham, Alabama, issued to petitioner a Notice of Determination Concerning Collection Action(s) Under Section 6320Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011