- 21 - Hence, the combination of petitioner’s testimony and the various documentary submissions leaves several facts unexplained. For instance, if petitioner did not receive the notice of lien filing and attached copy of Form 12153 sent by the IRS, when and how did he learn about and obtain the Form 12153. The record likewise remains vague on the timing and content of the alleged e-mail notification from the credit watch service. It is also unusual from a timing perspective that petitioner’s request to the county recorder’s office for copies of the lien notices occurred after the administrative proceedings in this case were concluded, after the notice of determination issued, and less than a week before he mailed his petition to this Court. Suffice it to say that the claims of nonreceipt of proper notice from the IRS are less than thoroughly convincing. Regardless of the veracity of these claims, however, it is clear that petitioner was aware of the lien filing within a period to communicate in a timely manner so as to preserve his rights to an Appeals hearing and subsequent judicial review. In similar circumstances, this Court has ruled: “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.” Stein v. Commissioner, T.C. Memo. 2004-124. In that case, the Court concluded that any errorPage: 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