- 4 - to collect the tax by levy on the taxpayer's property. Sec. 6331(a). Upon request, the taxpayer is entitled to an administrative hearing before the Appeals Office of the Internal Revenue Service. Sec. 6330(b)(1). If dissatisfied with the Appeals Office determination, the taxpayer may seek judicial review in the Tax Court or a Federal District Court, as appropriate. Sec. 6330(d). Respondent’s position before trial, as reflected in his pretrial memorandum, was that petitioners had never paid the $611 amount due as shown on their joint 1997 return. At the commencement of trial, respondent’s counsel stated that as she was reviewing respondent’s transcripts of petitioners’ accounts in preparation for trial, she had discovered that “it appears as though the taxpayer sent in his 1997 return with a payment of $611. We’re not sure as to why, but that payment got applied to 1994 rather 1997.”3 On the basis of all the evidence, we have found, as respondent’s counsel has suggested, that petitioners remitted the $611 payment with their 1997 return. Respondent has offered no explanation or justification for applying the $611 remittance to 3 Respondent’s counsel represented that this matter could be resolved administratively. After the trial, we allowed the parties an opportunity to attempt to resolve this case administratively. After a prolonged attempt to reach an offer in compromise, the parties reported to the Court that they were unable to reach any agreement.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011