Scott Perry Picchiottino - Page 6

                                        - 6 -                                         
               Your original hearing request said only, “Told status                  
               was ‘uncollectible’ by IRS Mrs. Hernandez #893695".                    
               Indeed, Compliance did place your account in                           
               temporarily not collectible status shortly after the                   
               date of your hearing request.                                          
               The IRC 6320 hearing opportunity is relative to the                    
               Notice of Federal Tax Liens that were recorded.[7]  The                
               “uncollectible status” has no direct bearing on the                    
               recorded liens; the provisions of IRC 6325 afford the                  
               only bases for release of lien--that the account be                    
               satisfied (paid), legally not enforceable or upon the                  
               posting of a bond.                                                     
               The IRC 6330 hearing opportunity arose upon the                        
               issuance of a [sic] Notices of Intent to Levy, prior to                
               the “uncollectible status” determination that was made                 
               by Compliance.  If you wish for me to make an                          
               independent determination of the collection status of                  
               your account, the IRC 6330 issue, you must make full                   
               financial disclosure.  I have enclosed a blank Form                    
               433A financial statement for that purpose.  You are not                
               obliged to submit this form to me but if you wish me to                
               consider collection alternatives, I must have the form                 
               submitted to me on or before the scheduled hearing                     
               date.                                                                  
          Petitioner did not complete or return the financial form, did not           
          attempt to reschedule the hearing, and did not otherwise contact            
          Mr. Tracy.  He did not appear for the conference, nor did                   
          Ms. Picchiottino, so no hearing was held.                                   
               On January 8, 2004, respondent issued to petitioner the                
          aforementioned Notice of Determination Concerning Collection                
          Action(s) Under Section 6320 and/or 6330, sustaining the proposed           

               7 An attachment to the Notice of Determination Concerning              
          Collection Action(s) Under Section 6320 and/or 6330 underlying              
          this action stated that because petitioner’s Forms 12153 were               
          untimely with respect to the notice of Federal tax lien, he was             
          entitled only to an administrative, so-called equivalent hearing,           
          not subject to judicial review, with respect to the lien notice.            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011