Michael Stein - Page 24

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               Notice of the lien filing may be given to the taxpayer in              
          person, left at the taxpayer’s dwelling, or sent by certified or            
          registered mail to the taxpayer’s last known address.  Sec.                 
          6320(a)(2).                                                                 
               On February 23, 2000, respondent timely mailed to                      
          petitioner’s Strawberry Hill address, Letter 3172, with a copy of           
          the NFTL.                                                                   
               Petitioner sent a Form 12153 that was received by respondent           
          on March 15, 2000, within 30 days of respondent’s filing of the             
          NFTL and the mailing of the Letter 3172.  Petitioner sent the               
          Form 12153 to appeal the February 14, 2000, “levy warning letter”           
          he claims was issued by Revenue Officer Angotta.                            
               On December 8, 2000, respondent provided petitioner with a             
          section 6320 hearing to contest the filing of the NFTL.  Because            
          the hearing had been timely requested within the prescribed 30-             
          day period, petitioner’s claims that respondent did not send                
          Letter 3172 to petitioner’s last known address and that                     
          petitioner never received it are beside the point.  Even though,            
          in the Form 12153, petitioner appealed an alleged “levy warning             
          letter”, Appeals Officer Hirsch’s letters sent to petitioner                
          before the section 6320 hearing clearly indicated that the                  
          section 6320 hearing would deal with the NFTL.                              









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Last modified: May 25, 2011