- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011