- 20 - On reply brief, petitioner expresses his position on this issue as follows: Two Notices of Federal Tax Lien were filed with the Clark County Recorder in March of 2003, for tax years 1998 and 1999. Petitioner was not notified of these filings within five days as required by law, and Internal Revenue Regulations. Respondent claimed during the inquisition in Tax Court that notification was sent to Petitioner. According to normal procedures such notices are sent Certified Mail and the signed delivery receipt is retained by the sender. To date, no such evidence of delivery has been produced by Respondent. Petitioner was made aware of the filing of the notices by an on-line credit watch agency and filed a request for Collection Due Process Hearing on April 16, 2003. Petitioner did not obtain copies of the Notices of Federal Tax Lien until October 30, 2004 when Petitioner went to the Clark County Recorder’s office in person and requested them. * * * Petitioner attached to his reply brief copies of the notices of tax lien, prepared and signed by the IRS on March 5, 2003, and a copy of his order receipt for copies of these notices from the Clark County Recorder, dated October 30, 2003. The Forms 4340 show March 7, 2003, as the date of the Federal tax liens. The notice of determination similarly references March 7, 2003, as the “Date of CDP Notice” and March 26, 2003, as the “Date Form 12153 Received”. As previously noted, petitioner’s Form 12153 was submitted on April 16, 2003, with a cover letter indicating that he had sent an earlier March 26, 2003, letter pertaining to respondent’s collection activities, to which he had received no response.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011