Myrtle Jean Clark - Page 4

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               As to the 1991 taxes, overpayment credits from subsequent              
          years were applied to the balance due in 1997, 1998, and 1999.              
          On December 13, 2000, “intent to levy collection”, “due process             
          notice”, and “levy notice” (collection notices) were issued to              
          petitioner and Mr. Clark for each of the years at issue.  These             
          notices were labeled as “refused/unclaimed” on December 30, 2000.           
          Copies of the notices were not presented at trial.  Petitioner              
          claims that she never knew of or saw these notices.                         
               After Mr. Clark died on October 25, 2001, petitioner became            
          aware that she could request relief from joint liability in                 
          connection with the tax liabilities described.  On May 21, 2003,            
          petitioner filed Form 8857, Request for Innocent Spouse Relief,             
          and an attached Form 12510, Questionnaire for Requesting Spouse,            
          which were received by respondent on May 30, 2003.                          
               In a notice of determination for 1991 and a preliminary                
          notice of determination for 1992 and 1993, respondent denied and            
          proposed to deny, respectively, petitioner’s request for relief             
          from joint liability for her Federal income taxes under section             
          6015(b), (c), and (f).                                                      
               On October 24, 2003, respondent mailed to petitioner a final           
          notice denying petitioner’s request for innocent spouse relief              
          under section 6015(b), (c), and (f) for 1991.  The notice stated            
          that the request was denied because it was received “more than              
          two years after the date * * * [the Internal Revenue Service]               






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