Ronald and Barbara Carter - Page 4

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          deficiency was for taxable year 2000 in the amount of $5,396 and            
          the section 6662(a) accuracy-related penalty of $1,079.                     
               Petitioners failed to petition this Court with respect to              
          the notices of deficiency, and respondent, in due course,                   
          assessed the deficiency and the accuracy-related penalty recited            
          above.                                                                      
               On July 12, 2003, respondent notified petitioners of an                
          intent to levy with respect to their unpaid tax liability for               
          2000 and advised them of their right to a hearing under section             
          6330.  On August 7, 2003, respondent notified petitioners of an             
          intent to file a Federal tax lien and served notice of their                
          right to a hearing under section 6320.                                      
               On September 10, 2003, petitioners filed a timely Form                 
          12153, Request for a Collection Due Process Hearing, under                  
          section 6320; however, the request was untimely with respect to             
          section 6330.3  In their request, petitioners challenged the                
          underlying tax deficiency and stated they were “paying too much             
          on retirement”.  Petitioners did not offer any documentation in             


               3Petitioners filed a Form 12153 with respect to the sec.               
          6330 levy notice; however, petitioners signed and dated the form            
          on Sept. 3, 2003.  The form was postmarked on Sept. 6, 2003, and            
          was received by the IRS on Sept. 10, 2003, which fell outside the           
          30-day statutory requirement.  Sec. 6330(a)(3)(B).  IRS Appeals             
          Office, however, afforded petitioners an equivalency hearing and            
          subsequently denied relief.  Because petitioners’ request fell              
          outside the 30-day period, they are not entitled to judicial                
          review of the Appeals officer’s determination with respect to the           
          sec. 6330 notice of intent to levy.                                         





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