- 4 - 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” includingPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011