- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011