Daniel Charles McDermott - Page 3

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               The petition in this case was filed in response to a Notice            
          of Determination Concerning Collection Action(s) Under Section              
          6320 and/or 6330.  Pursuant to sections 6320(c) and 6330(d),                
          petitioner seeks review of respondent's filing of a Notice of               
          Federal Tax Lien for his 1991, 1992, 1993, and 1994 tax                     
          liabilities.  The issue for decision is whether respondent abused           
          his discretion by filing the notice of Federal tax lien as a                
          method of collecting petitioner’s tax liabilities.                          
                                     Background                                       
               The stipulated facts and exhibits received into evidence are           
          incorporated herein by reference.  At the time the petition in              
          this case was filed, petitioner resided in Colorado.                        
               Petitioner failed to file tax returns for any of the years             
          1991 through 1994.  Petitioner’s Federal income tax returns were            
          examined by respondent beginning in February of 1995.  As part of           
          the audit, petitioner appeared at the office of the Internal                
          Revenue Service (IRS).  Respondent proposed a determination that            
          petitioner, despite earning substantial income, failed to file              
          Federal income tax returns for all the years under examination.             
          When asked, petitioner admitted to not filing tax returns but               
          objected to the proposed deficiency, asserting that respondent’s            
          proposed action was unconstitutional.                                       











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