- 4 - The Forms 4549 state: “I do not wish to exercise my appeal rights with the Internal Revenue Service or to contest in the United States Tax Court the findings in the report.” On January 27, 2004, respondent mailed to petitioner a Final Notice, Notice of Intent to Levy and Your Right to a Hearing Under IRC 6330 for 1995, 1996, and 1997 (the levy notice). In response to the levy notice, petitioner’s counsel Ira B. Stechel (Mr. Stechel) on behalf of petitioner submitted to respondent a timely Form 12153, Request for a Collection Due Process Hearing. On the Form 12153, Mr. Stechel explained that petitioner did not agree with the levy because: The amounts reflected as the taxpayer’s liabilities for the tax years in question are incorrect and have been substantially reduced upon administrative review by the Service. In addition, the taxpayer will shortly file returns for the years in question which will supersede the substitutes for return prepared by the Service for the taxpayer’s 1995 and 1996 taxable years and which will amend the taxpayer’s return for his taxable year 1997, which returns will claim net operating loss carryforwards and carrybacks and passive loss carryforwards that are anticipated to eliminate much, if not all, of the liabilities assessed against the taxpayer for these years. By letter dated July 15, 2004, respondent advised petitioner that his case had been assigned to Appeals Officer Joan Azim of respondent’s Appeals Office in Manhattan, New York. On August 30, 2004, petitioner filed tax returns for 1995 and 1996 that reported taxes due of $19,096 and $14,334, respectively, and an amended return for 1997 that reported anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011