Jerome J. Norris - Page 4

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                                       OPINION                                        
               This case presents a controversy over de minimis amounts in            
          which litigants persist in order to maintain principles they hold           
          firmly.  In large part, the controversy concerns the tax effect             
          that petitioner’s rounding of 48 cents on his agreed payment                
          schedule had on the 2002 tax liability.  The total amount in                
          dispute is $440.00 out of a total $53,001.00, or less than 1                
          percent of the liability reported on petitioner’s 2002 return.              
          We must decide this dispute even though the cost of the parties’            
          pursuit of their principles will far exceed the amount in                   
          dispute.                                                                    
               Respondent, relying on what appears to be an abbreviated               
          statement of petitioner’s 2002 tax account, contends that he                
          should be allowed to pursue collection.  Petitioner contends that           
          he met his agreed payment obligations and that there is no                  
          outstanding collectible balance for his 2002 tax year.                      
               Section 6331(a) authorizes the Commissioner to levy on                 
          property and property rights if a taxpayer fails to pay a tax               
          liability after notice and demand.  Sections 6331(d) and 6330(a),           
          however, require the Secretary to send written notice to the                
          taxpayer of the intent to levy and of the taxpayer’s right to a             
          hearing before collection.  Section 6330(c)(2)(A) provides that             
          the taxpayer may raise at the hearing “any relevant issue                   
          relating to the unpaid tax or the proposed levy” including                  






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