Harold E. Call - Page 21

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               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 error           






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