Don Weber II - Page 3

                                        - 3 -                                         
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               ARMEN, Special Trial Judge:  This collection review case is            
          before the Court on respondent’s motion to dismiss for lack of              
          jurisdiction.  Respondent contends that the Court lacks                     
          jurisdiction on the ground the petition for lien or levy action             
          was not timely filed.  As discussed in detail below, we shall               
          dismiss the petition for lack of jurisdiction.                              
                                     Background                                       
               The record reflects and/or the parties do not dispute the              
          following facts:                                                            
               On December 19, 2002, respondent mailed to petitioner a                
          Notice Of Determination Concerning Collection Action(s) informing           
          petitioner that respondent would proceed with the collection of             
          petitioner’s unpaid Federal income taxes for 1992, 1993, 1994,              
          and 1995 (the income tax notice).  On December 19, 2002,                    
          respondent also mailed to petitioner a Notice Of Determination              
          Concerning Collection Action(s) informing petitioner that                   
          respondent would proceed with the collection of petitioner’s                
          unpaid liability for a civil penalty imposed under section 6682             
          for the taxable period ending December 31, 1997 (the civil                  
          penalty notice).2                                                           


               2  Sec. 6682(a) generally provides that an individual shall            
          be liable for a civil penalty if such individual is found to have           
          made a false statement regarding the correct amount of income tax           
          withholding on wages and/or backup withholding.                             




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

Last modified: May 25, 2011