-2- approximately $24,409.2 Following trial of the matter and concessions by respondent, we must decide as to 1995 and 1996 whether Appeals abused its discretion in sustaining the proposed levy.3 We hold that it did not. Background Petitioner resided in Verdi, Nevada, when his petition was filed. He filed Federal income tax returns for 1995 and 1996, and respondent determined a deficiency for each of those years. Petitioner petitioned this Court to redetermine these amounts; following trial we sustained respondent’s determination. See Schroeder v. Commissioner, T.C. Memo. 2002-211, affd. 63 Fed. Appx. 414 (9th Cir. 2003) (Schroeder I). Petitioner did not file an appeal bond and respondent assessed on February 3, 2003, the amounts due under our decision in Schroeder I. Schroeder I was affirmed on May 20, 2003. On May 15, 2003, respondent mailed to petitioner a Final Notice, Notice of Intent to Levy and Your Right to a Hearing. Petitioner requested the related section 6330 hearing, which was conducted via correspondence. Shortly after receiving 2 We say “approximately” as these amounts were computed before the present proceeding and have since increased on account of interest. 3 The petition in part sought review of respondent’s levy to collect 1990, 1991, 1992, and 1993 penalties under sec. 6702. We dismissed those years because we lack jurisdiction under sec. 6330(d)(1) to consider such penalties. Van Es v. Commissioner, 115 T.C. 324, 328-329 (2000).Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011