David A. Lehmann - Page 4

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          the taxes, additions to tax, and interest for all 5 years on                
          March 19, 2001.  Notices of balance due were sent to petitioner             
          on that date, as well as on April 23, 2001.                                 
               Subsequently, on September 16, 2002, respondent issued to              
          petitioner a Final Notice--Notice of Intent to Levy and Notice of           
          Your Right to a Hearing, with regard to the 1993 through 1997               
          years.  Respondent on October 22, 2002, received from petitioner            
          a Form 12153, Request for a Collection Due Process Hearing,                 
          setting forth his disagreement with the proposed collection                 
          action, as follows:                                                         
               (1) There was a failure to determine a deficiency; (2)                 
               There was a failure to issue a Notice of Deficiency;                   
               (3) Any Notice of Deficiency was void as it included                   
               income subject to Final Partnership Administrative                     
               Adjustments under TEFRA; (4) There was a failure to                    
               generate an assessment list; (5) There was a failure of                
               the Commissioner to certify and transmit the assessment                
               list; (6) There was a failure to record the assessment;                
               (7) failure to provide record of assessment; and, (8)                  
               failure to send Notice of Assessment.                                  
               By a letter dated January 29, 2003, the settlement officer             
          to whom petitioner’s case had been assigned scheduled a hearing             
          for February 19, 2003, in Phoenix, Arizona.  The letter enclosed            
          copies of Forms 4340, Certificate of Assessments, Payments and              
          Other Specified Matters, for each of the years in issue.                    
               Petitioner appeared for the scheduled conference on                    
          February 19, 2003, accompanied by a stenographer and James                  
          Chisholm, who was identified as a witness.  The settlement                  
          officer advised petitioner that recording and stenography were no           





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