122 T.C. No. 12 UNITED STATES TAX COURT DON WEBER II, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 15169-03L. Filed March 22, 2004. On Dec. 19, 2002, R mailed to P two notices of determination concerning collection action. R issued the first notice with respect to P’s liability for unpaid income taxes; R issued the second notice with respect to P’s liability for an unpaid civil penalty under sec. 6682, I.R.C. R sent both notices to P by certified mail addressed to him at his last known address. The first notice was returned to R by the U.S. Postal Service marked “unclaimed”. By letter dated Aug. 4, 2003, R’s settlement officer sent P courtesy copies of the notices of determination. On Sept. 4, 2003, P filed a petition for lien or levy action under sec. 6330(d), I.R.C. Thereafter, R filed a motion to dismiss P’s petition for lack of jurisdiction on the ground that it was not timely filed. P opposes the granting of R’s motion, contending that he did not receive either of the notices of determination until August 2003, at which time he promptly filed his petition with the Court.Page: 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011