David D. Smith - Page 3

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          in violation of the automatic stay imposed under 11 U.S.C.                  
          section 362(a)(1) (2000).                                                   
                                     Background2                                      
               On August 26, 2003, respondent issued to petitioner separate           
          Final Notices of Intent to Levy and Notice of Your Right to a               
          Hearing with regard to his unpaid Federal income taxes for the              
          taxable years 1985 to 1995 and for the taxable years 1996 to                
          1999.  Petitioner submitted to respondent timely requests for a             
          hearing under section 6330.                                                 
               On March 3, 2004, petitioner filed a bankruptcy petition               
          under chapter 7 of the Bankruptcy Code with the U.S. Bankruptcy             
          Court for the District of Nevada.                                           
               By letter dated April 12, 2004, Christopher Gellner (Mr.               
          Gellner), petitioner’s bankruptcy attorney, informed Appeals                
          Officer Anthony Aguiar that petitioner had filed the above-                 
          referenced bankruptcy petition and that petitioner was not in               
          need of, and desired to withdraw, his request for a section 6330            
          hearing.  On April 14, 2004, Appeals Officer Aguiar sent to Mr.             
          Gellner a Form 12256 (Withdrawal of Request for Collection Due              
          Process Hearing).                                                           
               However, by letter dated May 5, 2004, Robert Alan Jones (Mr.           
          Jones), petitioner’s tax attorney, informed Appeals Officer                 


               2The record establishes and/or the parties do not dispute              
          the following background facts.                                             





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