Don Evan and Vicky Kay Whitinger - Page 5

                                        - 4 -                                         
               A Letter 1058, Final Notice of Intent to Levy and Notice of            
          Your Right to a Hearing, was sent to each petitioner by                     
          respondent on September 13, 2003, with respect to their unpaid              
          1999 tax and related liabilities.  After receiving the letter,              
          Mr. Whitinger contacted Mr. Sherrill and stated that petitioners            
          had been led to believe that the $363 payment “would take care of           
          all that we owe the IRS.”  Mr. Sherrill informed Mr. Whitinger              
          that the $363 payment did not settle the unpaid tax reported on             
          petitioners’ 1999 return.                                                   
               On or about October 6, 2003, respondent received a Form                
          12153, Request for a Collection Due Process Hearing, signed by              
          both petitioners.  Petitioners again stated in their request that           
          their 1999 tax liability had been fully settled by the $363                 
          payment.  In addition, petitioners requested an “in person                  
          hearing.”                                                                   
               On January 13, 2004, respondent’s San Jose Appeals Office              
          sent a letter to petitioners informing them about Appeals Office            
          review.  The letter stated that the Appeals Office conducts                 
          reviews by telephone, mail, and/or personal interviews and that             
          petitioners would be contacted by the Appeals Office “as quickly            
          as possible”.                                                               
               Appeals Officer Colleen Cahill (Ms. Cahill) was assigned to            
          review petitioners’ case.  Ms. Cahill reviewed the administrative           







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011