- 7 - On September 11, 2003, the Appeals officer attempted to hold the scheduled conference with Mr. Carrillo, but Mr. Carrillo refused to proceed when he was not permitted to record the hearing. Thereafter, on January 21, 2004, respondent issued a separate but identical Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 to each petitioner sustaining the proposed lien and levy actions. An attachment to the notice addressed the various issues raised by petitioners, indicated that petitioners were not entitled to raise their underlying liabilities on account of failure to seek prior available recourse in the District Court (for 1997 and 1998) or Tax Court (for 1999 and 2000), and pointed out that petitioners had raised no issue as to collection alternatives. Petitioners’ petition disputing the notices of determination was filed on February 10, 2004, and reflected an address in Las Vegas, Nevada. In general, petitioners ask that the Court declare the notices of determination “null and void”. Petitioners’ complaints with respect to the administrative proceedings include the following: No legitimate hearing under section 6330 ever took place; petitioners were not permitted to record a hearing; petitioners were denied the opportunity to raise issues they deemed “relevant” (e.g., the “existence” of the underlying tax liability); and requested documentation had not been produced (e.g., record of the assessments, statutory noticePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011