- 6 - During Appeals consideration of your case, you did not raise any non-frivolous collection alternatives or any non-frivolous issues. Appeals has obtained verification from the Secretary that the requirements of any applicable law or administrative procedure have been met, considered any relevant issues relating to the unpaid tax raised at the hearing, and taken into consideration whether the proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the person that any collection action be no more intrusive than necessary. Therefore, it is the determination in this case the issuance of the Notice of Intent to Levy is sustained. On July 8, 2004, petitioner filed a petition with the Court for judicial review of respondent’s notice of determination. In his petition, petitioner contends that he did not receive a hearing as required by section 6330 because: (1) He was not allowed to have a face-to-face conference; (2) the hearing officer had no authority to limit what was to be discussed during a telephone conference; and (3) he was not allowed to challenge the existence of the underlying tax liability. On March 9, 2005, respondent filed a motion for summary judgment seeking a decision that collection can proceed and to impose a penalty pursuant to section 6673. By order dated March 10, 2005, petitioner was given until April 11, 2005, to file a response to the motion for summary judgment. Petitioner filed a response on April 11, 2005, which stated in part: Petitioner was denied a face-to-face hearing unless petitioner discussed only issues allowed by the settlement officer. By letter dated April 8, 2004, petitioner was advised that Appeals does not hold face-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011