John F. Dalton - Page 6

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               Respondent mailed to petitioner a Notice of Determination              
          Concerning Collection Action(s) Under Section 6320 and/or 6330              
          (determination notice) dated August 28, 2003.  The determination            
          notice recited that petitioner did not raise any issue of merit             
          during the administrative proceeding and the Appeals Office                 
          determined that it was appropriate to proceed with the proposed             
          levy for 1998 and 1999.                                                     
               Petitioner timely filed with the Court a Petition for Lien             
          or Levy Action.2  In addition to challenging the determination              
          notice pertaining to the proposed levy for 1998 and 1999, the               
          petition included a challenge to the notice pertaining to the               
          collection of civil penalties imposed under section 6703                    
          (frivolous return penalties) for 1997 and 1998.3                            
               Upon respondent’s notifying the Court that the Forms 4340              
          upon which the determination notice was issued contained errors,            
          we granted respondent’s motion to remand the case to respondent’s           
          Appeals Office for further consideration.  In particular,                   
          respondent suggested that a remand would allow the Appeals Office           


               2The petition was timely mailed to the Court on Sept. 25,              
          2003.  At the time that the petition was filed, petitioner                  
          resided in Taylor, Michigan.                                                
               3Petitioner attempted to invoke the Court’s jurisdiction               
          with regard to a notice of determination pertaining to frivolous            
          return penalties even though the notice expressly stated that any           
          challenge to such notice should be filed in Federal District                
          Court.  By Order dated Dec. 10, 2003, the Court granted                     
          respondent’s motion to dismiss for lack of jurisdiction and to              
          strike as to the frivolous return penalties for 1997 and 1998.              





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