Anthony and Lena C. Andre - Page 3

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          another notice, this one telling them that the IRS intended to              
          levy on their property to collect their unpaid taxes from 1990-             
          94.  To finish this picture of confusion, the Commissioner then             
          sent the Andres a notice of determination on January 16, 2004.              
          This notice of determination discusses only respondent’s notice             
          of federal tax lien for 1996-2000, but its first and third pages            
          prominently list--under the heading “Tax Periods”--both 1990-94             
          and 1996-2000.                                                              
               The Andres filed a timely petition in Tax Court.  The                  
          Commissioner moved to dismiss the case for lack of jurisdiction             
          and to strike as to tax years 1990-95.  IRS records show that the           
          Andres don’t owe any tax for 1995, and they do not contest the              
          Commissioner’s motion to dismiss as to that year.  But our                  
          decision on the other years that the Commissioner seeks to                  
          dismiss depends on whether the Andres’ premature request for a              
          CDP hearing for their 1990-94 tax years was valid; and whether              
          the Commissioner’s issuance of a notice of determination that               
          mentions those years cures any defect.                                      
                                     Discussion                                       
               Once the Commissioner assesses a tax, he is allowed to                 
          collect any unpaid portion of it by filing liens against, and               
          levying on, a taxpayer’s property.  But first (with some                    
          exceptions that aren’t present here), he has to notify the                  
          taxpayer whose property he wants to take.  He does this with                






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